Michael Burton v Ministry of Justice

Michael Burton v Ministry of Justice

The creditor is strictly liable for the enforcement agent's breach under paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and the debtor is entitled to both general damages for loss of use and special damages for transport costs, as evidenced.

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 From County Court to Court of Appeal
Outcome
Appeal allowed; judgment entered for the claimant.
Legal Topics
Damages for Wrongful Enforcement, Liability of Creditor for Enforcement Agent's Acts, Statutory Interpretation of Tribunals, Courts and Enforcement Act 2007
Civil Procedure Enforcement Law Damages for Wrongful Enforcement Liability of Creditor for Enforcement Agent's Acts Statutory Interpretation of Tribunals, Courts and Enforcement Act 2007

Case Brief

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Parties

Michael Burton

Appellant/claimant

Ministry of Justice

Respondent/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a judgment creditor may be ordered to pay damages for loss suffered by the judgment debtor due to an enforcement agent's breach of statutory procedure under the Tribunals, Courts and Enforcement Act 2007, Schedule 12
  2. 2 Whether the creditor's liability is strict or dependent on causation/contribution to the loss
  3. 3 Whether the debtor proved quantum of loss

Ratio Decidendi

The creditor is strictly liable for the enforcement agent's breach under paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and the debtor is entitled to both general damages for loss of use and special damages for transport costs, as evidenced.

Court Disposition

Appeal allowed; judgment entered for the claimant.

Orders

  • Judgment for Mr Burton against the MOJ for £905 plus interest.