Hamilton v Secretary of State for Business, Energy And Industrial Strategy & Anor (Rev1) [2021] EWHC 2647 (QB) (06 October 2021)

Hamilton v Secretary of State for Business, Energy And Industrial Strategy & Anor (Rev1) [2021] EWHC 2647 (QB) (06 October 2021)

The statutory scheme under the Tribunals, Courts and Enforcement Act 2007 and associated regulations is clear: if notice of sale is not given within twelve months of taking control of goods, and no extension is agreed in writing, the goods are deemed abandoned and enforcement powers cease. The court has no power to read in a new time period or otherwise override this statutory consequence, even if the result is inconvenient or appears absurd. Accordingly, the enforcement agent had no power to sell MV Samara after the expiry of the statutory period, and Master Cook's order for sale was made without jurisdiction.

Citation
[2021] EWHC 2647 (QB)
Parties
Applicant: Thomas Banks Hamilton; First Respondent: Secretary of State for Business, Energy and Industrial Strategy; Second Respondent: Christopher Lucas-Jones
Jurisdiction
England and Wales
Judgment Date
06 October 2021
Procedural Posture
High Court Appeal and Set Aside Applications / Judgment on Applications to Set Aside Strike Out, for Permission to Appeal, and on Statutory Interpretation
Outcome
Applications dismissed; order for sale set aside as made without jurisdiction.
Legal Topics
Directors' Disqualification, Enforcement of Costs Orders, Taking Control of Goods, Controlled Goods Agreements, Statutory Deadlines, Abandonment of Controlled Goods, Third Party Claims to Goods, Interpretation of Tribunals, Courts and Enforcement Act 2007
Civil Procedure Enforcement of Judgments Statutory Interpretation Directors' Disqualification Enforcement of Costs Orders Taking Control of Goods Controlled Goods Agreements Statutory Deadlines +3 more

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Parties

Thomas Banks Hamilton

Applicant

Secretary of State for Business, Energy and Industrial Strategy

First Respondent

Christopher Lucas-Jones

Second Respondent

Procedural Posture

High Court Appeal and Set Aside Applications / Judgment on Applications to Set Aside Strike Out, for Permission to Appeal, and on Statutory Interpretation

Legal Issues

  1. 1 Whether the enforcement agent retained power to sell MV Samara after expiry of statutory deadlines under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007
  2. 2 Whether the court could interpret the legislation to allow sale after the statutory abandonment of controlled goods
  3. 3 Whether Master Cook's order for sale was valid given statutory time limits

Ratio Decidendi

The statutory scheme under the Tribunals, Courts and Enforcement Act 2007 and associated regulations is clear: if notice of sale is not given within twelve months of taking control of goods, and no extension is agreed in writing, the goods are deemed abandoned and enforcement powers cease. The court has no power to read in a new time period or otherwise override this statutory consequence, even if the result is inconvenient or appears absurd. Accordingly, the enforcement agent had no power to sell MV Samara after the expiry of the statutory period, and Master Cook's order for sale was made without jurisdiction.

Court Disposition

Applications dismissed; order for sale set aside as made without jurisdiction.

Orders

  • Paragraph 2 of Master Cook's order of 22 May 2020 directing sale of MV Samara is set aside.
  • No further enforcement action may be taken in respect of MV Samara under the expired writs.