Day v Davies [1938] 2 KB 74

 

Davies, a bailiff, distrained on the goods and chattels of the plaintiff for arrears of rent due in respect of certain premises and entered into a walking-possession agreement with Day that included an undertaking that Day would pay all costs.

Davies visited the premises for a few minutes on each of five days and charged the plaintiff 6/- for each of those days.

On the last day on which Davies came, the plaintiff paid him a total sum which included £1. 9/- for possession fees. Day then applied to his local county court for an order for the return of the sum paid to for possession fees.

Judgment was given in his favour. The county court judge on an appeal by Davies dismissed the appeal, whereupon Davies appealed to the Court of Appeal,