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Version Superseded: 01/04/2005
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County Courts Act 1984, Section 98 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where any goods in the possession of an execution debtor at the time of seizure by a registrar or other officer charged with the enforcement of a warrant or other process of execution issued from a county court are sold by that registrar or other officer without any claims having been made to them—
(a)the purchaser of the goods so sold shall acquire a good title to those goods; and
(b)no person shall be entitled to recover against the registrar or other officer, or anyone lawfully acting under his authority,—
(i)for any sale of the goods, or
(ii)for paying over the proceeds prior to the receipt of a claim to the goods,
unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor.
(2)Nothing in this section shall affect the right of any claimant, who may prove that at the time of sale he had a title to any goods so seized and sold, to any remedy to which he may be entitled against any person other than the registrar or other officer.
[F2(3)The provisions of this section have effect subject to those of sections 183, 184 and 346 of the Insolvency Act 1986]
Textual Amendments
F1Ss. 96-99 applied (1.9.1993) by S.I. 1993/2073, art.4(1).
F2S. 98(3) substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
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