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Englishman’s home may not be his castle
Englishman’s home may not be his castle

One of the most controversial elements of the new Draft Tribunals Courts and Enforcement Bill is under Schedule 12– entry without a warrant.

For the first time in English law since 1604 it is envisaged that enforcement officers will be able to search for and take control of goods within a place where the debtor usually lives.

And this demolishes Semaynes case, which created the maxim “An Englishman’s home is his castle”.

Paragraph 15 of Schedule 12 also permits an enforcement officer to apply to the court for a warrant authorising them to enter a specified premises to search for and take control of goods.

But the court must be satisfied that three conditions are met: the enforcement power exists; there is reason to believe there are goods on the premises; and that it is reasonable in all circumstances to issue a warrant.

It means that we could defeat all those professional debtors who have hidden behind Semaynes case and also hidden behind the net curtains in terms of co-operating with enforcement officers in the civil courts.

So many times we have seen the debtor looking out the window at the enforcement officer knowing they cannot access their home without their permission.

For the creditor, that is a frustrating situation to be in and this bill overturns 400 years of law. But it must be used sparingly.

If bailiffs do not take their paperwork seriously in preparing an application for the court, they will not succeed in being given a warrant for enforcement. It will be up to the court to become the keeper of this new law.

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