Trevor Bone v Simon Williamson

Trevor Bone v Simon Williamson

The correct defendant in a dispute over enforcement agent fees under the Taking Control of Goods (Fees) Regulations 2014 is the enforcement agent, not the High Court Enforcement Officer. The Notice of Enforcement was validly served as there was sufficient evidence it was generated and posted to the appellant.

Parties
Appellant: Trevor Bone; Respondent: Simon Williamson
Jurisdiction
England and Wales
Judgment Date
09 December 2022
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
High Court Enforcement Officers, Enforcement Agent Fees, Taking Control of Goods, Vicarious Liability, Service of Notice
Civil Procedure Enforcement of Judgments High Court Enforcement Officers Enforcement Agent Fees Taking Control of Goods Vicarious Liability Service of Notice

Case Brief

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Parties

Trevor Bone

Appellant

Simon Williamson

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a High Court Enforcement Officer is the correct defendant in a dispute over enforcement agent fees under the Taking Control of Goods (Fees) Regulations 2014
  2. 2 Whether the Notice of Enforcement was validly served on the debtor

Ratio Decidendi

The correct defendant in a dispute over enforcement agent fees under the Taking Control of Goods (Fees) Regulations 2014 is the enforcement agent, not the High Court Enforcement Officer. The Notice of Enforcement was validly served as there was sufficient evidence it was generated and posted to the appellant.

Court Disposition

Appeal dismissed