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When can a judgment creditor be liable for damages caused by an enforcement agent? (Burton v Ministry of Justice)

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Published on: 02 August 2024

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Quantum of loss
Case details

Article summary

Dispute Resolution analysis: The Court of Appeal held that a judgment creditor could be ordered to pay damages in respect of loss suffered by the judgment debtor as a result of the acts of an enforcement agent when executing a warrant of control over the debtor's goods, breaching the provisions of the statutory procedure provided for in the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) at TCEA 2007, Sch12. Written by Zainab Hodgson, senior associate at CMS Cameron McKenna Nabarro Olswang LLP.

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