Referrals

I act for individuals who have suffered injustice at the hands of enforcement agents, more commonly referred to as bailiffs. My practice is rooted in the firm belief that no one should be subjected to unlawful or oppressive conduct by those purporting to act under the authority of a warrant or writ. It is well established that enforcement action must be carried out in strict accordance with the law, as prescribed under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013. Where agents act beyond their powers or fail to comply with the procedural safeguards, I intervene decisively to secure appropriate redress.

My work includes regular appearances in both broadcast and print media, where I contribute analysis on the proper scope and limits of enforcement. However, it is in direct representation that my skills are best deployed. I identify and expose breaches—whether arising from entry without notice, removal of exempt goods, failure to observe the statutory valuation duties, or disregard for vulnerable circumstances as outlined in paragraph 33 of the National Standards for Enforcement Agents.

Where the internal complaints process has failed to provide a remedy, I prepare carefully documented claims against the enforcement companies and those who instruct them. This includes not only civil claims under the Torts (Interference with Goods) Act 1977 and the common law of conversion, but also applications to suspend or set aside enforcement pursuant to the Civil Procedure Rules, in particular CPR 85 and CPR 23.

Through my national helpline, I provide real-time advice to those caught in enforcement situations, whether facing the imminent removal of a vehicle, the seizure of business assets, or the unlawful re-entry of premises. In urgent cases, I act immediately to obtain emergency relief from the court, including interim injunctions and orders for the return of controlled goods under CPR 25.1 and the inherent jurisdiction of the County Court.

I have particular expertise in appeals, especially where judgment has been entered in error or where the lower court has misdirected itself as to the applicable enforcement law. Appeals from District Judges are governed by CPR 52 and, in such cases, I examine the transcript, review the evidential record, and construct a legally sound and compelling argument for reversal. The courts are not always adept at navigating the intersecting statutory and regulatory schemes that govern enforcement, and in some instances, show undue deference to creditors or local authorities. A properly grounded appeal is therefore vital to the administration of justice.

My commitment to this field is unwavering. Those affected by unlawful enforcement are often isolated, unheard, and vulnerable. My role is to provide them with a clear path to justice, to recover what has been wrongly taken, and to hold enforcement agents and those who instruct them to account under the law.

Jason Bennison. Practitioner in Civil Enforcement (Bailiffs) Restitution.

Notable Cases

June 2024. my client sought assistance after bailiffs took money under the threat of removing goods for an unpaid court fine. The enforcement was mishandled, prompting my client to sue the Ministry of Justice (MoJ), the department responsible for the Magistrates' Court. The MoJ denied liability for its agents, despite its own 2014 guidelines stating otherwise. The court initially dismissed my client’s claim, but on appeal, the Court of Appeal ruled in my client’s favour, firmly establishing that creditors are liable for the actions of enforcement agents acting on their behalf. Burton v Ministry of Justice [2024] EWCA Civ 681.

11 January 2024. In 2019, a debtor facing a £24,000 writ sought my help over overcharging by HCEA Gary Brown. The High Court granted a stay and ordered a fee review, yet Mr Brown continued enforcement. Master Lisa Sullivan later dismissed my client’s claim against him, ordered them to pay costs, and upheld his inclusion as a defendant. I advised an appeal, arguing HCEOs are liable for their agents. The Court of Appeal agreed, ruling Mr Williamson, not my client, was responsible for Mr Brown’s actions. It overturned Master Sullivan’s cost ruling, ordering Williamson to pay my client’s costs—Bone v Williamson [2024] EWCA Civ 4.

May 2023. My client, a landlord, sought my help after bailiffs visited his home over council tax for a vacant rental property. They wrongly posted the notice at his residence and refused to show proof of authority. My client took legal action, arguing their refusal breached legal requirements. The liability order also had the wrong address, which the court deemed defective. On 20 September 2023, Judge Harrison ruled in my client’s favour, ordering Bristow & Sutor to pay £10,700, including costs.

11 January 2023. My client, a drive-through car wash, contacted me after a motorcyclist harassed staff, demanding office entry. The cashier called the police, leading to a standoff as the man claimed to be an enforcement agent. CCTV showed him retrieving an Apple AirTag from a bin—dislodged from a customer's car during washing. It emerged that bailiffs had used AirTags to track her, leading to a home ambush over a company debt. My intervention halted enforcement, but police dismissed the tracking as a civil matter. My client sued two officers for incompetence and abuse of office, resulting in an out-of-court settlement.

24 May 2022. Victory for vulnerable people. On 4th November 2021, my client, who is afflicted by anxiety, had his Audi A5 seized by bailiffs without being given sufficient time to seek advice. Following this, my client pursued a detailed assessment, resulting in Master Brown disallowing all fees and charges imposed by the bailiff.

22 March 2022. My client was awarded £13,727 in damages after a police officer broke my client's car window, forcibly removed him from the vehicle, and pinned him to the ground at the behest of a bailiff holding an invalid warrant of control and attending the incorrect address.

16 December 2021. Four police officers forcefully restrain a London Black cab driver on duty at a taxi rank while bailiffs towed his cab to enforce a traffic debt warrant, which displayed a typographical error in the enforcement address. Legal representatives for both the police and the taxi driver are currently in negotiations.

21 November 2018. Bailiffs took control of a Porsche and replaced its engine before a court ordered its return to the rightful owner.

4 November 2021. A plumber was awarded compensation for 90 days of lost earnings after a bailiff towed his exempt van while he was working on a job.

17 September 2021. The police unknowingly aided a bailiff in a £51,000 jewellery theft while enforcing a High Court Writ of Control that wasn't owed by the victim. The bailiff lacked authority to be on the premises and presented the police officers with a counterfeit High Court writ of control bearing a County Court seal.

11 November 2020. A car rental company was awarded £10,000 after a bailiff was caught using a forklift to remove their vehicle.

19 August 2020. A bailiff was captured on the store's CCTV unlawfully taking money from the cash register while executing a High Court Writ of Control for an outstanding bill owed by a former tenant.

16 May 2020. A single mother successfully obtains damages after the police threatened to handcuff her for declining to open the door to bailiffs.

11 May 2020. A victim who was initially accused of tampering with controlled goods, was acquitted after removing an unlawful wheel clamp from his vehicle.

15 February 2020. The car belonging to a doctor was removed by a bailiff despite displaying a Health Emergency badge. Subsequently, the bailiff drove the vehicle, with his girlfriend in the front passenger seat, through a speed camera while driving it for his personal use.

15 March 2019. An accountant received more than £50,000 in damages for being involuntarily featured on Channel 5's television programme Can't Pay We'll Take It Away.