May 19, 2019 at 1:33 pm #21693AdministratorKeymaster
A debtor can remove right of implied access by displaying a notice at the entrance, Lambert v Roberts  72 Cr App R 223.
A person (from 2014 onwards – without a warrant of control) 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  71 Cr App 256.
A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush  8TR, Simpson v Morris  4 Taunt 821, Polkinhorne v Wright  8QB 197.
Another occupier of the premises or an employee may also take these steps: Hall v Davis  2 C&P 33.
A debtor can lawfully use reasonable force in removing a bailiff without a levy that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace, Green v Bartram  4 C&P 308.
If police are present, the bailiff is the person that police should arrest, Foulkes v Chief Constable of Merseyside Police  3 All ER 705 and section 26(5) of the Criminal Justice and Courts Act 2015.
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  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  Court of Appeal April 2000.
Vaughan v McKenzie  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 after refusing a request to remove their foot from the door aperture.
If a person strikes a trespasser who has refused to leave is not guilty of an offence: Davis v Lisle  2 KB 434
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 & Jokinen v Finland  37233/07 and paragraph 28 of the Taking Control of Goods: National Standards 2014
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