Courts Act 2003

This sectionnoteType=Explanatory Notes has no associated

11(1)This paragraph applies if—E+W

(a)a writ of execution has been issued from the High Court,

(b)goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and

(c)the goods are sold by that officer without any claims having been made to them.

(2)If this paragraph applies—

(a)the purchaser of the goods acquires a good title to them, and

(b)no person is entitled to recover against the officer or anyone acting under his authority—

(i)for any sale of the goods, or

(ii)for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.

(3)Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.

(4)Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.

(5)This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.