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 valid controlled goods agreement to be entered into; a CGA may be made by virtual means (e.g., video) provided statutory requirements are met. The Act and Regulations do not expressly or by necessary implication prohibit non-physical entry for CGAs. The question of fees and further procedural detail is for Parliament and the Government to address.

Citation
[2021] EWHC 15 (QB)
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, Enforcement by High Court Enforcement Officers, Statutory Construction, Use of Technology in Enforcement, Writs of Control, Fees and Costs in Enforcement, Delegated Legislation, ECHR Article 8
Civil Procedure Enforcement Law Debt Recovery Controlled Goods Agreements Enforcement by High Court Enforcement Officers Statutory Construction Use of Technology in Enforcement Writs of Control +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 an enforcement agent, specifically via video technology.
  2. 2 Whether the relevant legislation (Tribunals, Courts and Enforcement Act 2007 and associated regulations) prohibits or permits non-physical (virtual) entry for the purposes of a CGA.
  3. 3 Whether fees may be charged for virtual enforcement actions.

Ratio Decidendi

The relevant legislation does not require physical entry to premises for a valid controlled goods agreement to be entered into; a CGA may be made by virtual means (e.g., video) provided statutory requirements are met. The Act and Regulations do not expressly or by necessary implication prohibit non-physical entry for CGAs. The question of fees and further procedural detail is for Parliament and the Government to address.

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...