Yes
The conditions an "individual" must satisfy to act as a High Court Enforcement Officer, include, not being sentenced custodially, involved in dishonesty, having unpaid fines or judgments, not be bankrupt, disqualified as a director or trading in buying or selling debts.[1]
Regulations say an authorised High Court Enforcement Officer (HCEO) must hold "relevant insurance"[2]. Further regulations state the HCEO must hold professional indemnity insurance,[3] public liability insurance,[4] and employers’ liability insurance, where the individual is an employer.[5]
The regulations further say the enforcement officer must undertake enforcement action for all writs of execution received.[6]
The debtor,[7] or another party,[8][9] may bring proceedings against the HCEO named on the Writ of Control for the breach by his bailiff because the enforcement power is conferred in the HCEO instructing the bailiff.[10]
A debtor can sue an HCEO in his personal capacity, but must instruct a debtor tracing agent[11] to get the HCEO's home address to serve the claim form[12] and enable enforcement of the judgment.[13]
[1] Regulation 4 of the High Court Enforcement Officers Regulations 2004
[2] Regulation 5(3)(b)(i) of The High Court Enforcement Officers Regulations 2004
[3] Regulation 5(6)(a) of The High Court Enforcement Officers Regulations 2004
[4] Regulation 5(6)(b) of The High Court Enforcement Officers Regulations 2004
[5] Regulation 5(6)(c) of The High Court Enforcement Officers Regulations 2004
[6] Regulation 7 of The High Court Enforcement Officers Regulations 2004
[7] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Section 3 of the Torts (Interference with Goods) Act 1977
[9] Section 4 of the Torts (Interference with Goods) Act 1977
[10] Paragraph 66(6)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[11] See Vilcol Ltd debtor tracing services.
[12] Rule 6.9 of the Civil Procedure Rule.
[13] Paragraph 14(6)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs