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McLeod v Butterwick: Khazanchi and another v Faircharm Investments Ltd and another

Language: English Series: Weekly Law Reports ; [1998] 1 WLR 1603-1629(27)Publication details: 1998Subject(s): Summary: CA 17 March 1998. In the first case, the sheriff had no written walking possesssion agreement. He broke into the plaintiffs house, removed goods and then installed new locks. The plaintiff appealed against the judges decision not to impose an injunction to restrain the sheriff from selling the goods. In the second case, the bailiff, after entering into a walking possession agreement, forced entry, removed the goods and then installed new locks. The tenants appealed against the county court decision that the forced entry was lawful. "Held" a bailiff or sheriffwas not entitled, after impounding forcibly, to re-enter premises except where he was expelled by force or had been deliberately excluded by the tenant. A locked door was not sufficient to justify a forcible re-entry. Although the forcible re-entry was unlawful in both cases the appeals were dismissed. The sheriff was in lawful possession of the goods and entitled to sell them. The tenants had not proved any recoverable damage.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS59692 (Browse shelf(Opens below)) 1 Available 89592-1001

CA 17 March 1998. In the first case, the sheriff had no written walking possesssion agreement. He broke into the plaintiffs house, removed goods and then installed new locks. The plaintiff appealed against the judges decision not to impose an injunction to restrain the sheriff from selling the goods. In the second case, the bailiff, after entering into a walking possession agreement, forced entry, removed the goods and then installed new locks. The tenants appealed against the county court decision that the forced entry was lawful. "Held" a bailiff or sheriffwas not entitled, after impounding forcibly, to re-enter premises except where he was expelled by force or had been deliberately excluded by the tenant. A locked door was not sufficient to justify a forcible re-entry. Although the forcible re-entry was unlawful in both cases the appeals were dismissed. The sheriff was in lawful possession of the goods and entitled to sell them. The tenants had not proved any recoverable damage.