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Bibby v Chief Constable of Essex Police
The Times 13 April 2000
COURT OF APPEAL (CIVIL DIVISION)
MORRITT, PILL, SCHIEMANN LJJ
6 APRIL 2000

CRIMINAL; Police Arrest – Arrest without warrant – Breach of the peace – Apprehended breach of the peace – Bailiff attempting to seize debtor’s goods – Bailiff and debtor both calling police – Police officers apprehending a breach of the peace – Police officers arresting bailiff – Bailiff claiming for assault and wrongful arrest – Whether arrest of bailiff justified

Notes

This case involved the arrest of a bailiff while he was attempting to enforce a court order to remove goods from a debtor's property. The bailiff's presence was initimidating but he was not acting unlawfully. He was asked to leave the property by the police and when he refused to do so was arrested. He sued the police claiming assault and wrongful imprisonment.

The court held that the original arrest of the baillif had been unlawful, as he was simply attempting to enforce a court order and in so doing was not acting unlawfully or unreasonably.

This case upholds the now established principle that the police may only arrest the person provoking or causing the breach of the peace. The power to arrest someone who was acting unlawfully was an exceptional one and did not apply here.

It comes as no surprise that the Court of Appeal would make such a ruling, given that property rights are always vigorously upheld by the courts.It is far more likely usually that the police would arrest the debtor rather than the bailiff in such circumstances to prevent a breach of the peace, in the event that he tried to prevent the bailiff from removing goods.

NB:
The police are allowed to attend when a bailiff visits your property in order to seize goods, but they can only intervene to prevent a breach of the peace. They would be able to do this if you were forcibly trying to prevent a bailiff from lawfully seizing your goods. However the bailiff cannot normally use force to enter your domestic property or any garage to which it is attached. If you answered the door to a bailiff he is not allowed to walk past you in to the house without your permission, as this would amount to forced entry, but it would be better in the circumstances not to open the door at all. The police cannot force entry on behalf of the bailiff either, or arrest you for failing to co-operate.

Bailiffs can only enter your property using force if:

1. They are present to carry out an eviction
2. They have a special warrant to collect tax related debts (rare)
3. They have been allowed peaceable entry before.

The third condition above is the one to watch out for - bailliffs will use all sorts of tricks to get in to your property peaceably, for instance that they just want to negotiate with you or that they would like to borrow your phone. DON'T BE TAKEN IN! Once you have allowed them in, they will be able to use force to obtain entry on future occasions.

Bailliffs can also enter a property via an open window or door, and once inside the property use force to open locked doors so make sure all outer windows and doors are kept locked.