The Law Reports (Queen's Bench Division)
[2021] QB 129
Court of Appeal
Court Enforcement Services Ltd
v
Marston Legal Services Ltd (formerly Burlington Credit Ltd)
[2020] EWCA Civ 588
2020 March 4;
May 6
May 6
Lord Leggatt JSC, Lewison, Lindblom LJJ
Execution— Writ of control— Priority— Two writs of control directed to different enforcement agents in respect of 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 obtaining payment from debtor by cash and credit card— Whether earlier writ having priority over later writ— Whether second enforcement agent liable in conversion to first enforcement agent— Whether second enforcement agent required to pay proceeds obtained from enforcement of later writ to first enforcement agent in order to pay “amount outstanding”— Whether sum paid by credit card “money taken in exercise of” enforcement power so as to constitute “proceeds”—
Tribunals, Courts and Enforcement Act 2007 (c 15), Sch 12, paras 4, 50