County Courts Act 1984

Part VIII E+W Responsibility and Protection of Officers

123 Registrar to have same responsibilities as sheriff. E+W

Every registrar shall be responsible for the acts and defaults of himself and of the bailiffs appointed to assist him in like manner as the sheriff of any county of England or Wales is responsible for the acts and defaults of himself and his officers.

Modifications etc. (not altering text)

C1 S. 123 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).

124 Liability of bailiff for neglect to levy execution. E+W

(1) Where a bailiff of a county court, being employed to levy any execution against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain to the judge of that court.

(2) On any such complaint the judge, if the neglect, connivance or omission is proved to his satisfaction, shall order the bailiff to pay such damages as it appears that the complainant has sustained by reason of it, not exceeding in any case the sum for which the execution issued.

Modifications etc. (not altering text)

C2 S. 124 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).

125 Irregularity in executing warrants. E+W

(1) No officer of a county court in executing any warrant of a court, and no person at whose instance any such warrant is executed, shall be deemed a trespasser by reason of any irregularity or informality—

(a) in any proceeding on the validity of which the warrant depends; or

(b) in the form of the warrant or in the mode of executing it;

but any person aggrieved may bring an action for any special damage sustained by him by reason of the irregularity or informality against the person guilty of it.

(2) No costs shall be recovered in such an action unless the damages awarded exceed £2.

Modifications etc. (not altering text)

C3 S. 125 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

126 Actions against bailiffs acting under warrants. E+W

(1) No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the registrar, unless—

(a) a demand for inspection of the warrant and for a copy of it is made or left at the office of the bailiff by the party intending to bring the action, or his [F1 legal representative]or agent; and

(b) the bailiff refuses or neglects to comply with the demand within six days after it is made.

(2) The demand must be in writing and signed by the person making it.

(3) If an action is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the warrant; but the registrar who issued the warrant may be joined as a defendant in the action, and if the registrar is so joined and judgment is given against him, the cost to be recovered by the plaintiff against the registrar shall include such costs as the plaintiff is liable to pay to the bailiff.

(4) In this section (except in paragraph (a) of subsection (1)) “bailiff” includes any person acting by the order and in aid of a bailiff.

Textual Amendments

F1 Words in s. 126(1)(a) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(2); S.I. 1991/608, art. 2, Sch.

Modifications etc. (not altering text)

C4 S. 126 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).

127 Warrants evidence of authority. E+W

In any action commenced against a person for anything done in pursuance of this Act, the production of the warrant of the county court shall be deemed sufficient proof of the authority of the court previous to the issue of the warrant.

Modifications etc. (not altering text)

C5 S. 127 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).