‘ question . . as to the powers of a bailiff distraining for rent or a sheriff executing a writ of fieri facias forcibly to re-enter the premises in which the relevant goods are kept for the purpose of removing them. It is not in dispute that entry for the purpose of effecting the initial seizure may only be made with the consent of the occupant or other person in possession of the premises. The question is whether in any and, if so, what circumstances the bailiff or the sheriff in walking possession of the goods is entitled forcibly and without the consent of the occupant or other person in possession of the premises to re-enter in order to remove the goods for the purposes of sale.’
Judges:
Morritt LJ
Citations:
[1998] 1 WLR 1603, [1998] EWCA Civ 471, [1998] 2 All ER 901
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 14 November 2022; Ref: scu.143949