Can a HCEO get a Paragraph 15, Schedule 12 warrant to force entry for a High Court Writ of Control?


Yes

The bailiff is only permitted to take control of the debtor's goods at relevant addresses,[1] or where the debtor conducts business,[2] or a highway,[3] anywhere in England & Wales.[4]

If the Debtor keeps goods at premises that are not 'relevant premises', or a highway, and the bailiff wants to take control of them, he must apply for that authority separately,[5] by making the application to the High Court.[6]

When seeking a warrant to enter specific premises, the bailiff must meet certain criteria, including demonstrating to the court that the debtor has goods at the premises in question[7] and provide evidence of the original enforcement power, such as the writ of control.[8]

It's crucial to ensure that the debtor has received a Notice of Enforcement[9] at least seven clear business days before taking control of goods.[10] Failure to do so can invalidate the enforcement process, jeopardizing the recovery of owed funds,[11] and potentially resulting in liability for damages and costs due to wrongful interference with goods.[12]



[1] Paragraph 14(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Paragraph 9(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Paragraph 11((1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Civil Procedure Rule 84.9
[7] Paragraph 15(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Civil Procedure Rule 84.9(2)
[9] Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[10] Regulation 6(1) of the Taking Control of Goods Regulations 2013
[11] Halim vs United Utilities, Clwyd Car Auctions Limited & ors, John McConkey LG Pritchard Williams (creditor), Mr Goss (Enforcement Agent), 2015 (unreported)
[12] Section 3 of the Torts (Interference with Goods) Act 1977