Binding v Patterson

Binding v Patterson

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 surrenders or allows his certificate to expire after the complaint is made. There is no provision in the Regulations requiring dismissal of the complaint in such circumstances. The County Court also had jurisdiction to set aside its earlier order dismissing the complaint, as it was made of its own initiative and without notice, and CPR 3.3 applies.

Parties
Appellant: Gregg Binding; Respondent: Paul Patterson
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Appeal / Judgment on Appeal Against County Court Orders Reinstating Complaint Proceedings
Outcome
Appeal dismissed
Legal Topics
Certification of Enforcement Agents, Jurisdiction, Procedural Fairness, Setting Aside Orders
Regulatory Law Civil Procedure Certification of Enforcement Agents Jurisdiction Procedural Fairness Setting Aside Orders

Case Brief

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Parties

Gregg Binding

Appellant

Paul Patterson

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against County Court Orders Reinstating Complaint Proceedings

Legal Issues

  1. 1 Whether surrender or expiry of a certificate by a certificated enforcement agent terminates the County Court's jurisdiction to hear a complaint under Regulation 9 of the Certification of Enforcement Agents Regulations 2014
  2. 2 Whether the County Court had jurisdiction to set aside its own order dismissing the complaint after the certificate was surrendered
  3. 3 Whether procedural fairness was observed in the process of setting aside the order and reinstating 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 surrenders or allows his certificate to expire after the complaint is made. There is no provision in the Regulations requiring dismissal of the complaint in such circumstances. The County Court also had jurisdiction to set aside its earlier order dismissing the complaint, as it was made of its own initiative and without notice, and CPR 3.3 applies.

Court Disposition

Appeal dismissed

Orders

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