When a distraint was being carried out, as the goods were being loaded onto the van, the debtor offered cash to satisfy the non-domestic rates liability. It was refused and the were goods taken and sold. He sought damages against the council for wrongful distraint.
Held: A distraint under the Act could only be halted at one of the two stages identified by the Regulations. Once the removal of goods began, the appellant had no right to buy off the distraint.
Citations:
Times 17-Oct-2000, Gazette 07-Sep-2000, [2000] EWCA Civ 218
Links:
Statutes:
Non-Domestic (Collection and Enforcement) (Local Lists) Regulations 1989 14
Jurisdiction:
England and Wales
Rating
Updated: 20 May 2022; Ref: scu.90559
