365 Business Finance Ltd v Bellagio Hospitality WB Ltd & Anor

365 Business Finance Ltd v Bellagio Hospitality WB Ltd & Anor

The statutory scheme establishes a rule of priority between writs of control based on the order of receipt, regardless of the enforcement officer. Proceeds from enforcement, including money paid by the debtor to avoid removal of goods, must be applied to satisfy the amount outstanding under the prior writ before any subsequent writ. CES was required to pay the proceeds to Marston, the holder of the prior writ.

Parties
Claimant: 365 Business Finance Ltd; Defendant: Bellagio Hospitality WB Ltd; Defendant: Mr Tanveer Singh Handa; Applicant/appellant: Court Enforcement Services Ltd; Respondent: Marston Legal Services Limited (formerly Burlington Credit Limited)
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Writs of Control, Priority of Enforcement, Court Officers' Duties, Conversion, Application of Proceeds
Civil Procedure Enforcement of Judgments Writs of Control Priority of Enforcement Court Officers' Duties Conversion Application of Proceeds

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 34 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

365 Business Finance Ltd

Claimant

Bellagio Hospitality WB Ltd

Defendant

Mr Tanveer Singh Handa

Defendant

Court Enforcement Services Ltd

Applicant/appellant

Marston Legal Services Limited (formerly Burlington Credit Limited)

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does a rule of priority apply between writs of control issued to different enforcement officers?
  2. 2 What are the consequences if a subsequent writ is enforced before a prior writ is satisfied?
  3. 3 Does money paid to an enforcement agent constitute 'proceeds' under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007?

Ratio Decidendi

The statutory scheme establishes a rule of priority between writs of control based on the order of receipt, regardless of the enforcement officer. Proceeds from enforcement, including money paid by the debtor to avoid removal of goods, must be applied to satisfy the amount outstanding under the prior writ before any subsequent writ. CES was required to pay the proceeds to Marston, the holder of the prior writ.

Court Disposition

Appeal dismissed

Orders

  • CES to pay £12,050 to Marston Legal Services Limited in satisfaction of the prior writ of control.