Legal Rights and Limitations of Bailiffs: Key Case Law
If the bailiff has already started to make a levy, he can no longer be made to leave and he cannot be assaulted, Southam v Smout [1964] 1 QB 308.
Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77
Otherwise a door left open is an implied license for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453
likewise a person standing back to allow the bailiff to walk through but the bailiff must not abuse this license by entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence [1846] M&W 571
Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123 or R. v Bright 4 C&P 387
nor is refusing to leave a property causes a disturbance, Green v Bartram [1830] 4 C&P 308 or Jordan v Gibbon [1863] 8 LT 391
Permission for a bailiff to enter may be refused provided the words used are not capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618 or Snook v Mannion [1982] Crim LR 601 or R (Roalfe) v Woking Magistrate’s Court [2005] EWHC 2922 (Admin).
If the entry is peaceful but without permission then a request to leave should always be made first. Tullay v Reed [1823] 1 C&P 6
or an employee or other person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33
Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood [1837] 2 M&W 791
A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197.
Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.
Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516
Bailiffs cannot apply force to a door to gain entry, and if he does so he is not in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781,
likewise placing an arm inside the door, Rossiter v Conway [1893] 53 JP 350
If a bailiff enters a property and makes a noise and disturbs the peace it is lawful for the occupier to eject him and if he refuses to leave the police may be called, Green v Bartram [1830] 4C&P 308 or Shaw v Chairtirie [1850] 3 C&K 21