https://www.scribd.com/document/6958443 ... 20-V-Final
Bailiffs attended a landlord's home address for unpaid council tax for an unoccupied rental property.
The client asked the bailiff to show evidence of his authority to enter premises under Paragraph 256 of Schedule 12 to the Tribunals Courts and Enforcement Act 2007.
The bailiff refused and sued for the breach. The High Court awarded the client £10,700 including costs.
My thoughts
The client sued the bailiff company, Bristow and Sutor, which is not a "related party" under Paragraph 66. Yet, the High Court claim succeeded.
A related party is the bailiff, an HCEO when a High Court writ, and the creditor. Limited companies cannot act as bailiffs (Bone v Williamson 2024).
The judgment found that Council tax Liability orders do not authorise bailiffs to enter premises. The authority is limited to taking control of goods.
The High Court awarded £4000 damages plus costs £6700 costs for the bailiff's failure to show the Liability Order at the clients request.
The judgment is the authority for debtors to claim £4000 when a bailiff refuses to show evidence of the enforcement power. In this case, a liability order.