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Law Excerpts Relevant to Bailiffs and Evictions

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  • Law Excerpts Relevant to Bailiffs and Evictions

    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 person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed, and in his 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.

    Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

    Otherwise a door left open is an implied license for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453 likewise a person standing back to allow the bailiff to walk through but the bailiff must not abuse this license by entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence [1846] M&W 571

    Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123 or R. v Bright 4 C&P 387 nor is refusing to leave a property unless it causes a disturbance, Green v Bartram [1830] 4 C&P 308 or ****** v Gibbon [1863] 8 LT 391

    Permission for a bailiff to enter may be refused provided the words used are not capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618.

    If the entry is peaceful but without permission then a request to leave should always be made first. Tullay v Reed [1823] 1 C&P 6 or an employee or other person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33

    Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood [1837] 2 M&W 791

    A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.
    Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516

    Bailiffs cannot apply force to a door to gain entry, and if he does so he is not in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781
    A Bailiff may not encourage a third party to allow the bailiff access to a property (ie workmen inside a house), access by this means renders the entry unlawful, Nash v Lucas [1867] 2 QB 590

    The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court.

    Contrast: A bailiff may climb over a wall or a fence or walk across a garden or yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119

    It is not contempt to assault a bailiff trying to climb over a locked gate after being refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)

    If a bailiff enters by force he is there unlawfully and you can treat him as a trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557
    A debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578

    If a bailiff jams his boot into a debtors door to stop him closing, any levy that is subsequently made is not valid: Rai & Rai v Birmingham City Council [1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44 JP 781

    If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry then he is causing a disturbance, Howell v Jackson [1834] 6 C&P 723 - but it is unreasonable for a police officer to arrest the bailiff unless he makes a threat, Bibby v Constable of Essex [2000] Court of Appeal April 2000.

    Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012

    If a person strikes a trespasser who has refused to leave, he is not guilty of an offence: Davis v Lisle [1936] 2 KB 434
    Tags: None

  • #2
    Re: Law Excerpts Relevant to Bailiffs and Evictions

    Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012

    Milk Bottle? Whats one of them???????

    Comment


    • #3
      Re: Law Excerpts Relevant to Bailiffs and Evictions

      NOT AGAIN PLEASE

      MIGHT I SUGGEST CLOSING THIS THREAD, SO MUCH OF THIS CASE LAW THAT HAS BEEN QUOTED IS NOW OBSOLETE THROUGH SECONDARY/DELEGATED LEGISLATION

      EXAMPLE


      Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

      (what about a bailiff changing a utility meter to a prepayment by a locksmith)

      The Gas Safety (Rights of Entry) Regulations 1996

      http://www.google.co.uk/url?sa=t&rct...45960087,d.d2k
      Last edited by FORCEOFONE; 7th May 2013, 17:25:PM.

      Comment


      • #4
        Re: Law Excerpts Relevant to Bailiffs and Evictions

        http://www.google.co.uk/url?sa=t&rct...,d.d2k&cad=rja

        Comment


        • #5
          Re: Law Excerpts Relevant to Bailiffs and Evictions

          :faint:

          Comment


          • #6
            Re: Law Excerpts Relevant to Bailiffs and Evictions

            I am familiar with the case of R -v- Tucker [2012] as the appellant in that case is known to me. The matter is now the subject of further proceedings, against a number of defendants, under Civil Law, and sub judice.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Law Excerpts Relevant to Bailiffs and Evictions

              Originally posted by Inca View Post
              Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012

              Milk Bottle? Whats one of them???????
              I don't buy milk in bottles these days either. But it does seem like a good idea to keep one in the fridge just in case a bailiff ever calls even if you are lactose intolerant msl:

              Comment


              • #8
                Re: Law Excerpts Relevant to Bailiffs and Evictions

                Yes as Forceofone says , much of the case law quoted is either unsubstantiated or obsolete or has been superseded by subsequent legislation, it may lead to all kinds of problems and should be deleted.

                This is a copy of a page form one of the more dubious bailiff advice forums.
                Last edited by gravytrain; 7th May 2013, 20:16:PM.

                Comment


                • #9
                  Re: Law Excerpts Relevant to Bailiffs and Evictions

                  Originally posted by FORCEOFONE View Post
                  NOT AGAIN PLEASE

                  MIGHT I SUGGEST CLOSING THIS THREAD, SO MUCH OF THIS CASE LAW THAT HAS BEEN QUOTED IS NOW OBSOLETE THROUGH SECONDARY/DELEGATED LEGISLATION

                  EXAMPLE


                  Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

                  (what about a bailiff changing a utility meter to a prepayment by a locksmith)

                  The Gas Safety (Rights of Entry) Regulations 1996

                  http://www.google.co.uk/url?sa=t&rct...45960087,d.d2k
                  Also forced entry for enforcement of magistrates court fines under the DVCVA 2004

                  Comment


                  • #10
                    Re: Law Excerpts Relevant to Bailiffs and Evictions

                    Originally posted by gravytrain View Post
                    much of the case law quoted is either unsubstantiated or obsolete or has been superseded by subsequent legislation, it may lead to all kinds of problems and should be deleted
                    .
                    Please let's keep this thread going. Those people 'in the know' can add the subsequent legislation and we can all learn from it can't we :nerd: :nerd: :nerd:

                    If I can't arm myself with a milk bottle then what can I arm myself with (if anything):fencing:

                    Comment


                    • #11
                      Re: Law Excerpts Relevant to Bailiffs and Evictions

                      Originally posted by FORCEOFONE View Post
                      NOT AGAIN PLEASE. MIGHT I SUGGEST CLOSING THIS THREAD, SO MUCH OF THIS CASE LAW THAT HAS BEEN QUOTED IS NOW OBSOLETE THROUGH SECONDARY/DELEGATED LEGISLATION
                      Might I suggest you post the most recent case law for everyone else's benefit

                      Comment


                      • #12
                        Re: Law Excerpts Relevant to Bailiffs and Evictions

                        Originally posted by PlanB View Post
                        Might I suggest you post the most recent case law for everyone else's benefit
                        With respect the only person who will benifit from this thread is the owner of the forum where the first post originated.

                        The first piece of case law refers to an issue that is widely quoted by our FOTL friends and is completely misleading and dangerous . It needs to be deleted as soon as possible.

                        Comment


                        • #13
                          Re: Law Excerpts Relevant to Bailiffs and Evictions

                          Originally posted by gravytrain View Post
                          The first piece of case law refers to an issue that is widely quoted by our FOTL friends and is completely misleading and dangerous . It needs to be deleted as soon as possible.
                          Golly :scared:

                          Comment


                          • #14
                            Re: Law Excerpts Relevant to Bailiffs and Evictions

                            Totally agree

                            I will not comment any more on this, or offer advice to a site that charges a fee to desperate people

                            Comment


                            • #15
                              Re: Law Excerpts Relevant to Bailiffs and Evictions

                              Originally posted by FORCEOFONE View Post
                              I will not comment any more on this, or offer advice to a site that charges a fee to desperate people
                              This site does not charge fees for advice to desperate people

                              Talking of desperate people this thread was started by a poster facing eviction from her home by bailiffs in a few days who has been doing her research. Can you offer her any up-to-date case law on her legal rights when the bailiffs come to throw her and her children out on the street on May 18th ? Here's a link to her thread:

                              http://www.legalbeagles.info/forums/...npaid-Mortgage

                              Comment

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