Part VIII Responsibility and Protection of Officers

F2123 Registrar to have same responsibilities as sheriff.

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C1124 Liability of bailiff for neglect to levy execution.

F151

Where F3the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain F13to the court.

2

On any such complaint the F14court , if the neglect, connivance or omission is proved to his satisfaction, shall order F4that person 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 F5warrant was issued.

C2125 Irregularity in executing warrants.

1

No officer of F12the county court in executing any warrant of F16the 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;

butF6, except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), 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.

C3126 Actions against bailiffs acting under warrants.

1

No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the F17county court , 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 F1legal representativeor 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; F8...

4

In this sectionF9“bailiff” in relation to a warrant means the person to whom the warrant is directed, and (except in paragraph (a) of subsection (1)) F11...F11...F11... includes any person acting by the order and in aid of F10that person.

F75

This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

C4127 Warrants evidence of authority.

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.