County Courts Act 1984

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 [F1legal 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

Modifications etc. (not altering text)

C1S. 126 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).