Form 4 Complaint struck out. Judge states that complainant was "economical with the full truth"
There is a legal procedure available to members of the public whereby a Judge can cancel a bailiffs certificate if he is satisfied that the bailiff is “not a fit and proper person to hold a bailiff certificate"
The procedure is initiated by filing a Form 4 Complaint and details can be found in the “Sticky” section.
In considering whether to deprive a bailiff of his livelihood the Judge will need to be satisfied that the bailiff has done something very serious indeed and, as has been made very clear on this "stick" section of this forum (and indeed by way of evidence) a “Form 4 Compliant” is referred to a “litigation” and the court may...and indeed in some cases do.....order the complainant to pay costs to the bailiff in cases where the Form 4 complaint was not justified.
I have repeatedly stated on this forum that there is a risk of the court ordering costs to be awarded in favour of the bailiff and it is for this reason that such (Form 4) complaints should only ever be made in very serious cases.
This week I received a copy of the Judge’s decision for dismissing a recent Form 4 Complaint. One copy ( of the decision) came to me from a local authority and another from a bailiff company (who were not in any way connected with the complaint).
Unfortunately, both copies have the name of the complainant, the name of the bailiff, the vehicle registration number and details of the bailiff company. I am not good with computers and cannot "blank" out such details for this reason in order to preserve confidentiality I have accurately re typed a copy of the Judge’s decision which I will post in a few moments time.
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