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 and determine a complaint under Regulation 9 of the Certification of Enforcement Agents Regulations 2014 even if the enforcement agent has surrendered or allowed their certificate to expire after the complaint is made. The original dismissal order was wrong in law, and the court was entitled to set it aside and reinstate the complaint. There was no procedural unfairness warranting intervention on appeal.

Citation
[2019] EWHC 2665 (QB)
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
Outcome
Appeal dismissed
Legal Topics
Certification of Enforcement Agents, Jurisdiction After Surrender of Certificate, Procedural Fairness in Regulatory Complaints
Regulatory Law Administrative Law Certification of Enforcement Agents Jurisdiction After Surrender of Certificate Procedural Fairness in Regulatory Complaints

Case Brief

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Parties

Gregg Binding

Appellant

Paul Patterson

Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Orders

Legal Issues

  1. 1 Does surrender of a certificate by a certificated enforcement agent terminate the County Court's jurisdiction to hear a complaint under Regulation 9 of the Certification of Enforcement Agents Regulations 2014?
  2. 2 Was the County Court's order dismissing the complaint on the basis of surrender of the certificate lawful?
  3. 3 Did the County Court have jurisdiction to set aside its own order and reinstate the complaint?

Ratio Decidendi

The County Court retains jurisdiction to hear and determine a complaint under Regulation 9 of the Certification of Enforcement Agents Regulations 2014 even if the enforcement agent has surrendered or allowed their certificate to expire after the complaint is made. The original dismissal order was wrong in law, and the court was entitled to set it aside and reinstate the complaint. There was no procedural unfairness warranting intervention on appeal.

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