January 15, 2024
The Court of Appeal has handed down judgment in Bone v Williamson  EWCA 4. Mr Bone was a judgment debtor who challenged the fees levied when enforcement agents (bailiffs) came to enforce the debt. Mr Bone brought his claim against Mr Williamson, the High Court Enforcement Officer named on the writ of control. Mr Williamson denied responsibility. The Court of Appeal, reversing the judgments of both Lambert J and Master Sullivan, has confirmed that High Court Enforcement Officers are indeed the appropriate respondent: they are responsible for keeping the proceeds of enforcement, they are entitled to the enforcement fees, and they are liable for acts of their enforcement agent acting under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Daniel Kessler acted for the appellant, appearing pro bono at the hearing.
Download the judgment.