Binding v Patterson [2019] EWHC 2665 (QB) (15 October 2019)

Binding v Patterson [2019] EWHC 2665 (QB) (15 October 2019)

The County Court retains jurisdiction to hear a complaint under Regulation 9 of the CEA Regulations if the respondent was certificated at the time the complaint was made, regardless of subsequent surrender or expiry of the certificate. The original dismissal of the complaint solely due to surrender was wrong in law,...

Source-derived case information.

Citation
[2019] EWHC 2665
Parties
Appellant: Gregg Binding; Respondent: Paul Patterson
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Appeal / Judgment on Appeal From County Court Orders Regarding Complaint Under Certification of Enforcement Agents Regulations 2014
Outcome
Appeal dismissed
Legal Topics
Certification of Enforcement Agents, Jurisdiction After Surrender of Certificate, Setting Aside Orders Made Without Notice, Procedural Fairness in Regulatory Complaints
Regulatory Law Administrative Law Civil Procedure Certification of Enforcement Agents Jurisdiction After Surrender of Certificate Setting Aside Orders Made Without Notice Procedural Fairness in Regulatory Complaints

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Parties

Gregg Binding

Appellant

Paul Patterson

Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Orders Regarding Complaint Under Certification of Enforcement Agents Regulations 2014

Legal Issues

  1. 1 Whether surrender of an enforcement agent's certificate terminates jurisdiction over a pending complaint under the CEA Regulations
  2. 2 Whether the County Court had jurisdiction to set aside its own order dismissing the complaint after surrender of the certificate
  3. 3 Whether procedural fairness was afforded to the appellant in the process

Ratio Decidendi

The County Court retains jurisdiction to hear a complaint under Regulation 9 of the CEA Regulations if the respondent was certificated at the time the complaint was made, regardless of subsequent surrender or expiry of the certificate. The original dismissal of the complaint solely due to surrender was wrong in law, and the court was entitled to set aside its own order made without notice and proceed to a hearing.

Court Disposition

Appeal dismissed

Orders

  • Complaint against Mr. Binding to be listed for directions and trial as soon as practicable
  • Complaint to be heard together with complaint against Mr. Wackett