‘Bailiffs & Police Involvement’ ~ CASE LAW.
If a police officer is in attendance and assists the bailiff to gain entry or persuades the debtor to open the door then any levy the bailiff makes is void and the debtor can sue for damages: Skidmore v Booth [1834] 6 C&P 777.
There must be very good reasons for arresting a debtor on the grounds of preventing a breach of the peace, only a serious and imminent threat justifies arrest: Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705.
If a police officer arrests a debtor after throwing a bailiff off the premises who had refused a request to leave, the officer is guilty of false arrest because no offence was committed and the bailiff was there illegally: Green v Bartram [1830] 4 C&P 308.
A police officer must arrest a bailiff for breach of the peace if he places the debtor in fear of violence or harm if that offence is made in the presence of that officer: R v Howell (Errol) [1982] 1 QB 427.
A police officer must apprehend and arrest the party that is threatening violence: Redmond-Bate v Department of Public Prosecutions, The Times July 28 1999, Lord Justice Sedley.
If a bailiff causes a disturbance but does not make a threat, it is unreasonable for the police to arrest him: Bibby v Constable of Essex [2000] Court of Appeal April 2000.
If a person is arrested for non payment of a debt, he can "buy" his freedom by paying the debt stated on the warrant: Plomer v Ball [1837] 5 A&E 823 (council tax and court fines).
Attending ~ Without a Levy on Goods ~ Breaking & entering.
If a bailiff breaks into your property without a valid levy the bailiff has a civil and criminal liability: Khazanchi & Anor v Faircharm Investments Ltd & Ors, Court of Appeal
Bailiffs cannot break open a door but can open one if it is unlocked: Budd v Pyle [1846] 10 JP 203.
Bailiffs can force entry to premises that are not a dwelling house nor connected to one.
Only a debtor's home is protected by law: Hodder v Williams [1895] 2 QB 663.
Bailiffs cannot force their way into a private dwelling but can in the case of a commercial or business premises: Grove v Eastern Gas [1952] 1 KB 77.
Contrast: A bailiff breaking down a door of a commercial warehouse is unlawful ~ Bowen LJ and the bailiff's appeal was dismissed: American Concentrated Must Co v Hendry [1893] 68 LT 742.
Provided a bailiff enters a property peacefully and without breaking in, he can break open inner doors inside the property; Lee v Gansel [1774] 1 Cowp 1.
A bailiff entering through an unlocked door can break the lock if the door is subsequently locked while still inside: Pugh v Griffith [1838] 7 A&E 827
Forced entry into homes
A bailiff in execution of a warrant or a writ may not make forcible entry to a dwellinghouse unless and until he has completed seizure of the goods in consequence of the first entry: Halsbury's Laws of England loose leaf edition vol.1 paragraph 9.128 and originally from Semayne v Gresham [1604] Yelverton 29.
A debtor can remove right of implied access by displaying a notice at the entrance.
This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway: Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753.
Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434; similarly: McArdle v Wallace [1964] 108 Sol Jo 483.
A bailiff must leave the premises when told to do so: Robson & Another v Hallett [1967] 2 QB 939.
A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages: Morris v Beardmore [1980] 71 Cr App 256.
If a police officer is in attendance and assists the bailiff to gain entry or persuades the debtor to open the door then any levy the bailiff makes is void and the debtor can sue for damages: Skidmore v Booth [1834] 6 C&P 777.
There must be very good reasons for arresting a debtor on the grounds of preventing a breach of the peace, only a serious and imminent threat justifies arrest: Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705.
If a police officer arrests a debtor after throwing a bailiff off the premises who had refused a request to leave, the officer is guilty of false arrest because no offence was committed and the bailiff was there illegally: Green v Bartram [1830] 4 C&P 308.
A police officer must arrest a bailiff for breach of the peace if he places the debtor in fear of violence or harm if that offence is made in the presence of that officer: R v Howell (Errol) [1982] 1 QB 427.
A police officer must apprehend and arrest the party that is threatening violence: Redmond-Bate v Department of Public Prosecutions, The Times July 28 1999, Lord Justice Sedley.
If a bailiff causes a disturbance but does not make a threat, it is unreasonable for the police to arrest him: Bibby v Constable of Essex [2000] Court of Appeal April 2000.
If a person is arrested for non payment of a debt, he can "buy" his freedom by paying the debt stated on the warrant: Plomer v Ball [1837] 5 A&E 823 (council tax and court fines).
Attending ~ Without a Levy on Goods ~ Breaking & entering.
If a bailiff breaks into your property without a valid levy the bailiff has a civil and criminal liability: Khazanchi & Anor v Faircharm Investments Ltd & Ors, Court of Appeal
Bailiffs cannot break open a door but can open one if it is unlocked: Budd v Pyle [1846] 10 JP 203.
Bailiffs can force entry to premises that are not a dwelling house nor connected to one.
Only a debtor's home is protected by law: Hodder v Williams [1895] 2 QB 663.
Bailiffs cannot force their way into a private dwelling but can in the case of a commercial or business premises: Grove v Eastern Gas [1952] 1 KB 77.
Contrast: A bailiff breaking down a door of a commercial warehouse is unlawful ~ Bowen LJ and the bailiff's appeal was dismissed: American Concentrated Must Co v Hendry [1893] 68 LT 742.
Provided a bailiff enters a property peacefully and without breaking in, he can break open inner doors inside the property; Lee v Gansel [1774] 1 Cowp 1.
A bailiff entering through an unlocked door can break the lock if the door is subsequently locked while still inside: Pugh v Griffith [1838] 7 A&E 827
Forced entry into homes
A bailiff in execution of a warrant or a writ may not make forcible entry to a dwellinghouse unless and until he has completed seizure of the goods in consequence of the first entry: Halsbury's Laws of England loose leaf edition vol.1 paragraph 9.128 and originally from Semayne v Gresham [1604] Yelverton 29.
A debtor can remove right of implied access by displaying a notice at the entrance.
This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway: Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753.
Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434; similarly: McArdle v Wallace [1964] 108 Sol Jo 483.
A bailiff must leave the premises when told to do so: Robson & Another v Hallett [1967] 2 QB 939.
A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages: Morris v Beardmore [1980] 71 Cr App 256.
Comments
Be the first to add a comment
Log in to comment