Ignoring a High Court Writ, what happens next?



If the bailiff cannot take control of goods, the debtor does not have any or does not engage with the bailiff, the bailiff returns the case to the creditor after 12 months from the issue date on the Notice of Enforcement.[1]

The enforcement power lapses after 6 years since the date of the judgment or order[2] and a writ of control expires after 12 months from issue,[3] but the creditor may apply to the court, only once to extend that period of up to a further 12 months.[4]

If bailiffs take control of goods after the writ of control has lapsed and while the judgment is still enforceable, but charged the fee schedule to enforce High Court writs[5], the debtor can apply for a detailed assessment and recover the surplus fees taken.[6]

If bailiffs take goods or money after the judgment and the writ of control, have both lapsed, the debtor may apply to the court to recover all goods and money taken[7] and the debtor may apply for costs.[8][9][10]

Bailiffs enforcing a high Court writs do not have the authority to break and enter private homes, even if a company has clerical works there.[11]

The authority to break entry only applies to commercial premises of a debtor that is a company.[12]




[1] Regulation 9(1) of the Taking Control of Goods Regulation 2013
[2] Civil Procedure Rule 83.2(3)(a)
[3] Civil Procedure Rule 83.3
[4] Civil Procedure Rule 83.4
[5] Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014
[6] Civil procedure Rule 84.16(3)(a)
[7] Section 3 and 4 of the Torts (Interference with Goods) Act 2007
[8] Civil Procedure Rule 44.2
[9] Civil Procedure Rule 46.5
[10] Practice Direction 46.5 Rule 3.1
[11] Paragraph 17 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[12] Paragraph 19(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007