SCHEDULES

C1C2C3C4 SCHEDULE 12Taking control of goods

Annotations:
Modifications etc. (not altering text)
C2

Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

C2Part 2The procedure

Remedies available to the debtor

I1C266

1

This paragraph applies where an enforcement agent—

a

breaches a provision of this Schedule, or

b

acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

2

The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

3

But the debtor may bring proceedings under this paragraph.

4

Subject to rules of court, the proceedings may be brought—

a

in the High Court, in relation to an enforcement power under a writ of the High Court;

b

in F1the county court, in relation to an enforcement power under a warrant issued by F1the county court;

c

in any other case, in the High Court or F1the county court.

5

In the proceedings the court may—

a

order goods to be returned to the debtor;

b

order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

6

A related party is either of the following (if different from the enforcement agent)—

a

the person on whom the enforcement power is conferred,

b

the creditor.

7

Sub-paragraph (5) is without prejudice to any other powers of the court.

8

Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

a

that he was not breaching a provision of this Schedule, or

b

(as the case may be) that the instrument was not defective.

9

This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).