Can a bailiff clamp my brother's car, not in name, not insured on it?


No

The Bailiff may only take control of goods that belong to the debtor.[1]

If a bailiff takes control of a car that does not belong to the debtor, the owner may make a third-party claim. This used to be called an interpleader claim,[2] and he may also recover damages,[3] and costs.[4][5][6]

To start the claim process, the bailiff must be given a notice.[7]



[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Civil Procedure Rule 85.4
[3] Section 3 of the Torts (Interference with Goods) Act 1977
[4] Civil Procedure Rule 44.3
[5] Civil Procedure Rule 46.5
[6] Practice Direction 46.5 Rule 3.1
[7] See Making a third-party claim