precedents regarding baillifs

precedents regarding baillifs

Postby pitano1 » Sat Feb 23, 2013 6:11 pm

hi all.
thought you would like to see this.
TOP TIP OF THE DAY.
if expecting a call from these parasites,have a
full bottle of milk to hand,at all times.. :giggle: :giggle:









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 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 causes a disturbance, Green v Bartram [1830] 4 C&P 308 or Jordan 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 the debtor gives the bailiff a good slap.



If a person strikes a trespasser who has refused to leave is not guilty of an offence: Davis v Lisle [1936] 2 KB 434



License to enter must be refused BEFORE the process of levy starts, Kay v Hibbert [1977] Crim LR 226 or Matthews v Dwan [1949] NZLR 1037



A bailiff rendered a trespasser is liable for penalties in tort and the entry may be in breach of Article 8 of the European Convention on Human Rights if entry is not made in accordance with the law, Jokinen v Finland [2009] 37233/07
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
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Re: precedents regarding baillifs

Postby MikeThomas » Sun Feb 24, 2013 12:46 pm

Nice one Chris :yes:
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Re: precedents regarding baillifs

Postby squark » Sun Feb 24, 2013 3:39 pm

if expecting a call from these parasites,have a
full bottle of milk to hand,at all times..

What about cartons?

Its a great post, interesting to get confirmation that we can remove implied right of access. I'm gonna use some of this against N-Power who went to court while knowing I was unavailable to defend and got an Order to force fit prepayment meters. They charged me £500 and still 2 years later won't tell me which law regulates their bills! They say there is no law. I say they are Lawless!
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Re: precedents regarding baillifs

Postby musashi » Mon Feb 25, 2013 4:06 pm

An admirable collection - worthy of praise and the thanks of one and all. :hug:

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Re: precedents regarding baillifs

Postby Amy » Fri Mar 29, 2013 8:10 am

Maybe the thanks for collating such information should be directed toward the author.

dealingwithbailiffs.co.uk http://www.dealingwithbailiffs.co.uk/caselaw.htm
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Re: precedents regarding baillifs

Postby pitano1 » Fri Mar 29, 2013 9:48 am

hi.amy
i totally agree,that the author is worthy of thanks for their due diligence/research.

But,when i posted the list i had no idea,who the author was,as it was not copied from
dealingwithbailliffs.co.uk,but another site.

If however if,you are the author that copied the precedents,..thank you very much.
if you know the author..please pass on the thanks.of
`the probable`100`s of folk,who will be empowered
by the info.

rgds.
pitano1
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
pitano1
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