Trevor Bone v Simon Williamson

Trevor Bone v Simon Williamson

The HCEO is the proper respondent to a dispute about enforcement fees under a writ of control because the statutory scheme makes the HCEO responsible for the proceeds of enforcement, entitled to fees, and liable for the acts of the HCEA. The debtor is entitled to bring a fees dispute against the HCEO, and the HCEO should not be shielded from liability by the actions of the HCEA. The lower courts erred in holding otherwise.

Parties
Appellant: Trevor Bone; Respondent: Simon Williamson; Intervenor: High Court Enforcement Association
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
High Court Enforcement Officers, Enforcement Agents, Writ of Control, Liability for Fees, Costs Orders
Civil Procedure Enforcement of Judgments High Court Enforcement Officers Enforcement Agents Writ of Control Liability for Fees Costs Orders

Case Brief

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Parties

Trevor Bone

Appellant

Simon Williamson

Respondent

High Court Enforcement Association

Intervenor

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Who is the correct defendant to a dispute about enforcement fees under a writ of control?
  2. 2 Is the High Court Enforcement Officer (HCEO) legally responsible for fees charged by an enforcement agent (HCEA)?
  3. 3 Does the statutory scheme make the HCEO or HCEA liable for damages or costs in enforcement disputes?

Ratio Decidendi

The HCEO is the proper respondent to a dispute about enforcement fees under a writ of control because the statutory scheme makes the HCEO responsible for the proceeds of enforcement, entitled to fees, and liable for the acts of the HCEA. The debtor is entitled to bring a fees dispute against the HCEO, and the HCEO should not be shielded from liability by the actions of the HCEA. The lower courts erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Mr Bone should not be liable for any costs incurred by Mr Brown or DCBL in the fees dispute or damages claim.
  • Mr Bone should not be liable for any of Mr Williamson's costs in the fees dispute before the fees were returned.