Can I sue a bailiff for trespass?


No

A trespasser is a person that enters land without permission and bailiffs have authority to enter any premises that are relevant premises,[1] or specified on a warrant of entry.[2]

'Relevant premises' are where the debtor usually lives[3] or, carries on a trade or business.[4]

It a bailiff wants to enter premises other than where the debtor lives or trades, he must apply to the court for that authority separately.[5]

If bailiffs enter premises neither where the debtor lives or trades, or having a warrant of entry, then he is not a trespasser.[6]

When an action is brought against bailiffs entering such premises, they may apply to the court for a finding of fact whether, at the material time, the bailiff was lawfully acting in the execution of duty as an enforcement agent. If the finding shows the bailiff was not, then he is guilty of burglary.[7]



[1] Paragraph 14 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Paragraph 14(6)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Paragraph 14(6)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 66(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Section 9 of the Theft Act 1968