Question

Bailiffs believe they can reasonably believe that goods are the property of the named debtor, but this defence has been defeated.^[1]

The bailiff would know of the goods are those of the debtor if he made reasonable enquiries.^[2] Otherwise the bailiff and the creditor remain liable for damages.^[3]

This means the owner of the goods must tell the bailiff the goods he is taking control of are not those of the debtor.

^{[1] Paragraph 38 of the judgment of Alenezy v Shergroup Ltd [2022] EWHC 777 (QB) (01 April 2022)

[2] Paragraph 61 of Schedule 12 to the Tribunals Courts and Enforcement Act 2007

[3] Paragraph 66(8) of Schedule 12 to the Tribunals Courts and Enforcement Act 2007}