Jurisdiction(s):
United Kingdom

Burton v MoJ: Court of Appeal confirms creditor liability under TCEA 2007 Sch 12 para 66; no causation needed; damages for loss of use after wrongful clamping by enforcement agent

Published on: 02 August 2024

Published by a LexisNexis Dispute Resolution expert

Legal News

Article summary

Michael Burton v Ministry of Justice [2024] EWCA Civ 681 What are the practical implications of this case?

The ruling serves as a warning for judgment creditors. First, it underlines the importance of creditors closely scrutinising the enforcement measures an enforcement agent proposes to pursue. It also suggests that meaningful engagement between creditors and enforcement agents can lessen the chance that a creditor is found liable for an agent’s actions and/or failings. On the flip side, the decision confirms the policy view that debtors are commonly vulnerable; accordingly, it reminds judgment debtors that the courts will provide redress when their human rights are infringed and where any such interference causes loss beyond that allowed by legislation. When a judgment debtor asserts losses arising from enforcement activity, a central message from the Court of Appeal’s decision is that a judgment creditor’s responsibility turns solely on the liability of the enforcement agent, rather than any separate act and/or omission by the creditor. This linkage means no independent wrongdoing by the creditor is required before liability can arise in such cases only...

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