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    Bailiffs and liabilities

    Regulation 34 of the Taking Control of Goods Regulations 2013. Bailiffs are liable for damage to goods and vehicles while in their possession.

     

    Also applies to vehicles. Regulation 18(7) of the Taking Control of Goods Regulations 2013

     

    Paragraph 7 of the Taking Control of Goods: National Standards 2014 the creditor is ultimately responsible for the enforcement agents acting on their behalf.

     

    The bailiff is liable for any unlawful damage caused to property even if it was an accident: see this judgment or Regulation 34 of the Taking Control of Goods Regulations 2013 and Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Paragraph 63 of the Taking Control of Goods: National Standards 2014.

     

    The bailiff is liable if he damages your business reputation: Skidmore v Booth [1834] 6 C&P 777

     

    Damages are not limited to the immediate pecuniary losses occasioned by the distress (the action of taking control of goods) but extend to damages for annoyance and injury to credit and reputation in trade, Smith v Enright [1894] 69 LT 724

    Bailiffs have a duty to protect the creditor AND the debtor as well as having a duty to protect the poor from abuse and should normally err on the side of caution and generous treatment of debtors, Taylor v Ashworth [1910] 129 LT 578 or Harrison v Mearing [1843] The Times May 10 8b Exch or Paragraphs 19 to 31 of the Taking Control of Goods: National Standards 2014

     

     

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