Re Darren Burley

Re Darren Burley

Mr Burley engaged in serious physical assault against the complainant while acting as an enforcement agent, failed to attend the hearing as required, and provided false responses regarding his conduct. This behaviour is inconsistent with the standards required for a fit and proper person to hold an enforcement agent's certificate.

Parties
Complainant: Mr Richardson; Certificated Person/respondent: Darren Burley
Jurisdiction
England and Wales
Judgment Date
16 September 2024
Procedural Posture
Complaint as to Fitness of Enforcement Agent / Judgment After Hearing
Outcome
Complaint upheld; certificate not to be renewed before 1 January 2025; deduction from security for complainant's costs.
Legal Topics
Fitness to Hold Enforcement Agent Certificate, Professional Misconduct, Assault, Regulatory Compliance
Administrative Law Regulatory Law Fitness to Hold Enforcement Agent Certificate Professional Misconduct Assault Regulatory Compliance

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Richardson

Complainant

Darren Burley

Certificated Person/respondent

Procedural Posture

Complaint as to Fitness of Enforcement Agent / Judgment After Hearing

Legal Issues

  1. 1 Is Darren Burley a fit and proper person to hold an enforcement agent's certificate under the Certification of Enforcement Agents Regulations 2014?
  2. 2 Does the court have jurisdiction to hear the complaint despite the expiry of the certificate?
  3. 3 What is the appropriate sanction for the conduct found?

Ratio Decidendi

Mr Burley engaged in serious physical assault against the complainant while acting as an enforcement agent, failed to attend the hearing as required, and provided false responses regarding his conduct. This behaviour is inconsistent with the standards required for a fit and proper person to hold an enforcement agent's certificate.

Court Disposition

Complaint upheld; certificate not to be renewed before 1 January 2025; deduction from security for complainant's costs.

Orders

  • No further application for a certificate before 1 January 2025.
  • Any future application must satisfy the court there is no risk of repeat conduct.