Bailiff case law

Breaking entry using a locksmith (Magistrates' courts fines only)

If you owe an unpaid fine "Sum adjudged" the bailiff can enter using a locksmith. Paragraph 18(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Bailiffs fees are not part of the "sum adjudged". The sum adjudged is the sum you were fined by the court.

Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 requires the bailiff to apply to a court for a warrant to enter and search for goods.

The procedure for a bailiff to apply for a warrant of entry is given in Rule 10(c) of the Criminal Procedure Rules 2015. The application must be supported by a witness statement.

If a bailiff enters using a locksmith and you did not receive a Notice of Enforcement, this could amount to a breach of Regulation 6 of the Taking Control of Goods Regulations 2013.

Where entry is forced without lawful authority, a claim may lie in trespass and damages may be sought through the county court. Legal precedent supports recovery for unlawful entry under civil enforcement, particularly where procedural safeguards have been disregarded.

Use of excessive force or entry outside permitted hours, such as before 6am or after 9pm, may also contravene Paragraph 14 of Schedule 12. An enforcement agent who acts beyond those powers may face civil and regulatory sanctions.

For guidance on how to respond to unlawful forced entry or seizure, visit our case response tool or speak with a qualified adviser.