Mortgage Fraud 101: Case Law on Forced Entry by Bailiff and Police
Here are some essential pieces of case law, which should be used to deal with a bailiff and police, who claim they have the right to force entry into your property, without a valid warrant, order or debt.
A bailiff may not encourage a third party to allow the bailiff access to a property (i.e. Workmen inside a house or a police officer), access by this means renders everything that follows invalid.
Nash v Lucas  2 QB 590.
A debtor can lawfully use reasonable force in removing a bailiff without a levy that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace.
Green v Bartram  4 C&P 308.
If police are present, the bailiff is the person that police should arrest.
Foulkes v Chief Constable of Merseyside Police  3 All ER 705 and section 26(5) of the Criminal Justice and Courts Act 2015.
If a bailiff jams his boot into a debtor’s door to stop him closing, any levy that is subsequently made is not valid.
Rai & Rai v Birmingham City Council  or Vaughan v McKenzie  1 QB 557.
If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry then he is causing a disturbance.
Howell v Jackson  6 C&P 723.
But it is unreasonable for a police officer to arrest the bailiff unless he makes a threat.
Bibby v Constable of Essex  Court of Appeal April 2000. Vaughan v McKenzie  1 QB 557.
If the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally.
R. v Tucker at Hove Trial Centre Crown Court, December 2012.
If a person strikes a trespasser who has refused to leave he is not guilty of an offence.
Davis v Lisle  2 KB 434.
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