Burton v Ministry of Justice [2024] EWCA Civ 681 (21 June 2024)

Burton v Ministry of Justice [2024] EWCA Civ 681 (21 June 2024)

The creditor is strictly liable under paragraph 66 of Schedule 12 for losses caused by an enforcement agent's breach of statutory procedure, regardless of causation or contribution by the creditor. Damages for loss of use of a vehicle may be awarded on a broad assessment of inconvenience, and special damages for transport costs are recoverable if evidenced.

Citation
[2024] EWCA Civ 681
Parties
Appellant/claimant: Michael Burton; Respondent/defendant: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Civil Appeal / Second Appeal to the Court of Appeal From the County Court
Outcome
Appeal allowed. Judgment for the appellant.
Legal Topics
Damages for Wrongful Enforcement, Strict Liability of Judgment Creditors, Loss of Use Damages, Statutory Interpretation of TCEA 2007
Civil Procedure Enforcement Law Damages for Wrongful Enforcement Strict Liability of Judgment Creditors Loss of Use Damages Statutory Interpretation of TCEA 2007

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Parties

Michael Burton

Appellant/claimant

Ministry of Justice

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal to the Court of Appeal From the County Court

Legal Issues

  1. 1 Whether a judgment creditor may be ordered to pay damages for loss suffered by a debtor due to an enforcement agent's breach of statutory procedure under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
  2. 2 Whether the creditor's liability is strict or requires causation/contribution to the loss
  3. 3 Appropriate measure and proof of damages for loss of use of a vehicle wrongfully clamped

Ratio Decidendi

The creditor is strictly liable under paragraph 66 of Schedule 12 for losses caused by an enforcement agent's breach of statutory procedure, regardless of causation or contribution by the creditor. Damages for loss of use of a vehicle may be awarded on a broad assessment of inconvenience, and special damages for transport costs are recoverable if evidenced.

Court Disposition

Appeal allowed. Judgment for the appellant.

Orders

  • Judgment for Mr Burton against the Ministry of Justice for £905 plus interest.