Just Digital Marketplace Ltd (enforcement - controlled goods agreements - taking control of goods)

Just Digital Marketplace Ltd (enforcement - controlled goods agreements - taking control of goods)

The legislation does not prohibit an enforcement agent from entering into a controlled goods agreement with a debtor without physical entry to the premises. The plain wording of the Act allows for a CGA to be entered into remotely, and the Regulations do not expressly require prior physical entry. However, the Regulations do not currently provide for all procedural steps following a non-entry CGA, and further regulation may be needed for full enforcement in such cases.

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) / Judgment
Outcome
Declaratory relief granted
Legal Topics
Controlled Goods Agreements, Enforcement by High Court Enforcement Officers, Statutory Interpretation, Use of Technology in Enforcement, Writs of Control, Fees in Enforcement Proceedings
Civil Procedure Enforcement Law Controlled Goods Agreements Enforcement by High Court Enforcement Officers Statutory Interpretation Use of Technology in Enforcement Writs of Control Fees in Enforcement Proceedings

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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) / 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 under the Tribunals, Courts and Enforcement Act 2007 and associated regulations.
  2. 2 Whether the relevant legislation prohibits or permits the use of video technology for entering into a CGA.

Ratio Decidendi

The legislation does not prohibit an enforcement agent from entering into a controlled goods agreement with a debtor without physical entry to the premises. The plain wording of the Act allows for a CGA to be entered into remotely, and the Regulations do not expressly require prior physical entry. However, the Regulations do not currently provide for all procedural steps following a non-entry CGA, and further regulation may be needed for full enforcement in such cases.

Court Disposition

Declaratory relief granted

Orders

  • It is declared that an enforcement agent may enter into a controlled goods agreement within the meaning of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 with a debtor whether or not the enforcement agent has physically entered the premises on which the goods are located.
  • No order as to costs.