The WLR Daily case summaries
[2020] WLR(D) 275
Court of Appeal
Court Enforcement Services Ltd v Marston Legal Services Ltd (formerly Burlington Credit Ltd)
[2020] EWCA Civ 588
Lord Leggatt JSC, Lewison, Lindblom LJJ
2020 March 4;
May 6
May 6
Execution— Writ of control— Priority— Two writs directed to different enforcement officers to satisfy different judgment debts from same debtor— First enforcement agent executing earlier writ and taking control of goods but agreeing to defer payment— Second enforcement agent executing later writ and demanding immediate payment in full— Debtor paying sum due under second writ part in cash and part by credit card— Second firm refusing to pay over sum to first firm— Whether second firm liable to pay over sum to first firm— Whether earlier writ having priority under rule of law— Whether second enforcement agent taking control of goods liable in conversion to officer holding earlier writ— Whether priority rule applying to proceeds from exercise of enforcement power— Whether cash money and bank money being proceeds—
Tribunal, Courts and Enforcement Act 2007 (c 15), Sch 12, para 4, 50