Enforcement by Taking Control of Goods

Préface
A new practitioner's guide to the law of taking control of goods as a means of enforcement post 2014 for both lawyers and enforcement professionals.

Auteur
Christopher Royle is a barrister at Enterprise Chambers and is based in West Yorkshire practising in property, commercial and enforcement law. He deals with insolvency and professional negligence matters insofar as they touch his other work. His enforcement law practice comprises regulatory and commercial work with enforcement agents, agencies and High Court Enforcement Officers. Chris is also a Deputy District Judge, North Eastern Circuit. Prior to being a barrister, Chris was an owner/director of an IT services company.

Texte du rabat

There were historically at least four types of enforcement agent: County Court Bailiffs, Certificated Bailiffs, Approved Enforcement Agencies, and High Court Enforcement Officers. Of these, only certificated bailiffs (as the name suggests) required certification by the Court in order to work. The Tribunals, Courts and Enforcement Act 2007 ('TCEA07') created a system of taking control of goods in order to enforce judgments and abolished ancient common law writs and remedies. It introduced a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court bailiffs, civilian enforcement officers and police officers. In 2014 following a review of the enforcement agent reforms introduced by the TCEA07, significant reforms were introduced. It is now the case that anyone exercising powers under Schedule 12, TCEA07 must be certificated (or exempt, or working in the presence and under the direction of a certificated or exempt officer) pursuant to s.64 TCEA07 and added to this it is a criminal offence to purport (knowingly or recklessly) to act as an enforcement agent without being authorised (either by certification or otherwise). Enforcement by Taking Control of Goods is a practitioner's guide to the law of taking control of goods as a means of enforcement post 2014. For both lawyers and enforcement professionals this new title analyses the present legislation and case law covering enforcement by taking control of goods, formerly known as distress or impounding, when a judgment debt goes unpaid. It also deals with the process of obtaining and executing writs and warrants of control from beginning to end, and covers the certification regime for enforcement agents, all by reference to the latest case law.

Contenu

Part I - Introduction Chapter 1: Introduction to the Scheme of Enforcement Part II - Pre-enforcement Procedures Chapter 2: Certification of Enforcement Agents Chapter 3: Identification of the Debtor Chapter 4: Obtaining the Schedule 12 Instrument Chapter 5: Binding the Debtor's Goods Chapter 6: Priority of Schedule 12 Instruments Chapter 7: Notice of Enforcement Part III - Taking Goods into Control Chapter 8: Taking Control - Where? Chapter 9: Taking Control - Entry, Forced Entry and on the Highway Chapter 10: Taking Control - 'Goods' and 'Goods of the Debtor' Chapter 11: Taking Control - Exempt Goods Chapter 12: Taking Control - How Chapter 13: Controlled Goods Agreements Chapter 14: Taking Control - Value Chapter 15: Taking Control - When Goods may not be Taken into Control Chapter 16: Care of Controlled Goods Chapter 17: Time Limits and Abandonment of Controlled Goods Part IV - Sale and Disposal of Goods other than Securities Chapter 18: Sale - Valuation and Notice Chapter 19: Sale - Payment, Place and Process Chapter 20: Proceeds of Enforcement, Co-ownership and Accounting Chapter 21: Liability on Sale or Disbursement of Proceeds Part V - Securities Chapter 22: Securities - Special Provisions Part VI - Fees Chapter 23: The Regime and Challenges to Fees Chapter 24: Recoverable from Whom and by What Means? Part VII - Commercial Rent Arrears Recovery ('CRAR') Chapter 25: Commercial Rent Arrears Recovery Part VIII - Applications, Proceedings and Insolvency Chapter 26: Applications by the Enforcement Agent Chapter 27: Stakeholder Claims Chapter 28: Applications by the Debtor Chapter 29: Applications by the Creditor Chapter 30: Applications by Third Parties for Return of Goods Chapter 31: Claims by Third Parties for the Recovery of Money Paid Chapter 32: Applications by Tenants in CRAR Enforcement Chapter 33: Claims in Trespass and Conversion Chapter 34: Insolvency of the Creditor Chapter 35: Insolvency of the Debtor Chapter 36: Liability of Enforcement Organisations Chapter 37: Liability of High Court Enforcement Officers Chapter 38: Liability of the Creditor Part IX - Appendices A: Introduction B: Order Dismissing Complaint C: Order Upholding Complaint - Deduction from Security Only D: Order Upholding Complaint - Cancellation of Suspension of Certificate with or without Training Requirement