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Enforcement by Taking Control of Goods: The law of enforcement pursuant to Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

Autor Christopher Royle
en Limba Engleză Hardback – 15 mai 2024
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.
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Specificații

ISBN-13: 9781526521699
ISBN-10: 1526521695
Pagini: 440
Dimensiuni: 156 x 248 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Locul publicării:London, United Kingdom

Caracteristici

Case law - this is a case law led area and there have been a number of significant cases recently the implications of which have not been fully analysed anywhere else as yet

Notă biografică

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 andHigh 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.

Cuprins

Part I - IntroductionChapter 1: Introduction to the Scheme of EnforcementPart II - Pre-enforcement ProceduresChapter 2: Certification of Enforcement AgentsChapter 3: Identification of the DebtorChapter 4: Obtaining the Schedule 12 InstrumentChapter 5: Binding the Debtor's GoodsChapter 6: Priority of Schedule 12 InstrumentsChapter 7: Notice of EnforcementPart III - Taking Goods into ControlChapter 8: Taking Control - Where?Chapter 9: Taking Control - Entry, Forced Entry and on the HighwayChapter 10: Taking Control - 'Goods' and 'Goods of the Debtor'Chapter 11: Taking Control - Exempt GoodsChapter 12: Taking Control - HowChapter 13: Controlled Goods AgreementsChapter 14: Taking Control - ValueChapter 15: Taking Control - When Goods may not be Taken into ControlChapter 16: Care of Controlled GoodsChapter 17: Time Limits and Abandonment of Controlled GoodsPart IV - Sale and Disposal of Goods other than SecuritiesChapter 18: Sale - Valuation and NoticeChapter 19: Sale - Payment, Place and ProcessChapter 20: Proceeds of Enforcement, Co-ownership and AccountingChapter 21: Liability on Sale or Disbursement of ProceedsPart V - SecuritiesChapter 22: Securities - Special ProvisionsPart VI - FeesChapter 23: The Regime and Challenges to FeesChapter 24: Recoverable from Whom and by What Means?Part VII - Commercial Rent Arrears Recovery ('CRAR')Chapter 25: Commercial Rent Arrears RecoveryPart VIII - Applications, Proceedings and InsolvencyChapter 26: Applications by the Enforcement AgentChapter 27: Stakeholder ClaimsChapter 28: Applications by the DebtorChapter 29: Applications by the CreditorChapter 30: Applications by Third Parties for Return of GoodsChapter 31: Claims by Third Parties for the Recovery of Money PaidChapter 32: Applications by Tenants in CRAR EnforcementChapter 33: Claims in Trespass and ConversionChapter 34: Insolvency of the CreditorChapter 35: Insolvency of the DebtorChapter 36: Liability of Enforcement OrganisationsChapter 37: Liability of High Court Enforcement OfficersChapter 38: Liability of the CreditorPart IX - AppendicesA: IntroductionB: Order Dismissing ComplaintC: Order Upholding Complaint - Deduction from Security OnlyD: Order Upholding Complaint - Cancellation of Suspension of Certificate with or without Training Requirement