Khazanchi v Faircharm Investments Ltd; McLeod v Butterwick
Khazanchi v Faircharm Investments Ltd; McLeod v Butterwick
- 1998
- New Property Cases 1998 NPC 47 .
CA 17 March 1998. The court cosniders whether a bailiff distraining for rent or a sheriff executing a writ of fiere facial in a dwelling house may forcibly re-enter premises in which goods are kept for the purpose of removing them for sale. Unldess they had been deliverately excluded the mere fact that they found the premises locked did not give them the right of forcible re-entry. A tenant of commercial premises fails however to prove special damage against the bailiff and was thus barred by statute. The householder establishes a cause of action.
FIERI FACIAS
SEIZURE OF GOODS
CA 17 March 1998. The court cosniders whether a bailiff distraining for rent or a sheriff executing a writ of fiere facial in a dwelling house may forcibly re-enter premises in which goods are kept for the purpose of removing them for sale. Unldess they had been deliverately excluded the mere fact that they found the premises locked did not give them the right of forcible re-entry. A tenant of commercial premises fails however to prove special damage against the bailiff and was thus barred by statute. The householder establishes a cause of action.
FIERI FACIAS
SEIZURE OF GOODS