Court Enforcement Services Ltd v Marston Legal Services Ltd (formerly Burlington Credit Ltd)

Subject Matter

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

[2020] EWCA Civ 588; [2021] QB 129; [2020] 3 WLR 777; [2021] 1 All ER 951; [2021] 1 All ER (Comm) 816; [2020] WLR(D) 275, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Enforcement Officers and Agents 79.7

Taking Control of Goods - Priorities 79.15