Burton v Ministry of Justice

Subject Matter

EXECUTION — Warrant of control — Breach of statutory procedure — Creditor engaging enforcement agent to execute warrant of control for purposes of enforcing debt — Enforcement agent breaching statutory procedure by taking control of hire-purchase vehicle used by but not belonging to debtor — Whether court empowered to order creditor to pay damages to debtor for losses thereby suffered — Whether necessary for creditor to have caused or contributed to loss — Whether debtor entitled to general and special damages — Tribunals, Courts and Enforcement Act 2007 (c 15), Sch 12, para 66

[2024] EWCA Civ 681; [2025] KB 66; [2024] 3 WLR 728; [2025] 3 All ER 147; [2024] WLR(D) 284, CA