Are bailiffs allowed to seize items like phones and iPads?


Yes

Taking control of debtors mobile phone and ipads is impractical for paying off a debt, because liability for digital goods makes it prohibitively risky for bailiffs when the device contains non-assignable intellectual property and online banking passwords.

If the mobile phone or iPad is the debtors only phone, or it is used in the debtors trade, education or business, then it is exempt goods.[1]

If a bailiff takes control of your phone by snatching it from you, or knocks it out of your hand, then the bailiff commits a breach of the peace.[2][3][4]

If a bailiff takes control of your exempt goods, then you can make a claim to exempt goods.[5][6]

Mobile phones are often bought under a contract where the device is owned by the phone provider until the contract period has lapsed. That means the phone is not the goods of the debtor, who merely has right of possession, and may apply for an injunction to recover control of the device,[7][8] and recover damages,[9] together with costs.[10][11][12]



[1] Regulation 4 of the Taking Control of Goods Regulations 2013
[2] Regulation 10(2) of the Taking Control of Goods Regulations 2013
[3] Justices of the Peace Act 1361
[4] Regina v Howell [1982] 1 QB 416, [1982] QB 416, [1981] 73 Crim App R 31
[5] Civil Procedure Rule 85.8
[6] See Claim your exempt goods
[7] Section 4 of the Torts (Interference with Goods) Act 1977
[8] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Section 3 of the Torts (Interference with Goods) Act 1977
[10] Civil Procedure Rule 44.3
[11] Civil Procedure Rule 46.5
[12] Practice Direction 46.5 Rule 3.1