If a bailiff not acting lawfully,[1] causes your business a loss, you may recover damages for that loss.[2]
The burden of proof is you must show the bailiff caused serious harm.[3]
A court will explore whether a claimant has suffered a real and substantial loss as a result of enforcement action against a person or business who is not the judgment debtor.[4]
If a bailiff intentionally tells anyone something about you or your Business that is not true that causes you serious harm,[3] then it is malicious falsehood,[5] and you may sue for slander.[6]
Barrister Richard Munden gives an opinion on business defamation.[7]
[1] Not acting compliant to Schedule 12 of the Tribunals Courts and Enforcement Act 2007 or subordinate regulations
[2] Paragraph 66(5)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Section 1 of the Defamation Act 2013
[4] Huntress Search Limited vs Canapeum Limited [2010] EWHC 1270 (QB)
[5] Section 3 of the Defamation Act 1952
[6] Section 66 of the Defamation Act 1952
[7] Richard Munden: What changes to defamation law mean for your business
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs