Enforcement by Taking Control of Goods

The law of enforcement pursuant to Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

Enforcement by Taking Control of Goods cover

Enforcement by Taking Control of Goods

The law of enforcement pursuant to Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

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Pre-order. Available 11 May 2023
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Description

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.

Table of Contents

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

Product details

Published 11 May 2023
Format Ebook (Epub & Mobi)
Edition 1st
Extent 440
ISBN 9781526521705
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Christopher Royle

Christopher Royle is a barrister at Enterprise Cha…

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