Just Digital Marketplace Ltd (enforcement - controlled goods agreements - taking control of goods) [2021] EWHC 15 (QB) (08 January 2021)

Just Digital Marketplace Ltd (enforcement - controlled goods agreements - taking control of goods) [2021] EWHC 15 (QB) (08 January 2021)

The relevant legislation does not require physical entry to premises for a Controlled Goods Agreement to be validly entered into. The statutory language permits a CGA to be made without physical attendance, provided all other requirements are met. The Act and Regulations do not expressly or by necessary implication prohibit virtual or video CGAs. It is for Parliament and the Government to determine if further procedural rules or fee structures are needed for virtual CGAs.

Citation
[2021] EWHC 15
Parties
Claimant: Just Digital Marketplace Limited; Interested Party: High Court Enforcement Officers Association; Interested Party: Civil Enforcement Association; Interested Party: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Claim for Declaratory Relief (part 8 Procedure) / High Court (queen's Bench Division) Judgment
Outcome
Declaration granted in favour of the Claimant.
Legal Topics
Controlled Goods Agreements, Taking Control of Goods, Statutory Construction, Enforcement by High Court Enforcement Officers, Use of Technology in Enforcement, Delegated Legislation, Fees and Costs in Enforcement, Human Rights (echr Art. 8)
Civil Procedure Enforcement Law Debt Recovery Controlled Goods Agreements Taking Control of Goods Statutory Construction Enforcement by High Court Enforcement Officers Use of Technology in Enforcement +3 more

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Parties

Just Digital Marketplace Limited

Claimant

High Court Enforcement Officers Association

Interested Party

Civil Enforcement Association

Interested Party

Ministry of Justice

Interested Party

Procedural Posture

Claim for Declaratory Relief (part 8 Procedure) / High Court (queen's Bench Division) Judgment

Legal Issues

  1. 1 Whether a Controlled Goods Agreement (CGA) can be validly entered into without physical entry to premises by a High Court Enforcement Agent, i.e., via video or virtual means.
  2. 2 Whether the relevant legislation (Tribunals, Courts and Enforcement Act 2007 and associated regulations) requires physical attendance for a CGA.
  3. 3 Whether fees may be charged for virtual CGAs.

Ratio Decidendi

The relevant legislation does not require physical entry to premises for a Controlled Goods Agreement to be validly entered into. The statutory language permits a CGA to be made without physical attendance, provided all other requirements are met. The Act and Regulations do not expressly or by necessary implication prohibit virtual or video CGAs. It is for Parliament and the Government to determine if further procedural rules or fee structures are needed for virtual CGAs.

Court Disposition

Declaration granted in favour of the Claimant.

Orders

  • It is declared that, subject to the consent of the judgment debtor, the legislation does not prohibit an enforcement agent from entering into a Controlled Goods Agreement with the judgment debtor, within the meaning of paragraph 13 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, in circumstances...