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Court Battles / Case Law - Steve - 04-11-2023
Telegram - https://t.me/AskAllegedlyDave/19912
IMPORTANT :
This can be applied to Court Sommons, for traffic, REPOSSESSION,
Make the Court work for you with Court.
1a. Ask simple question, what is their meaning of performance?
1a. Is it the same as mine as I define?
The easy way to Stop Foreclosure / Repossessions,
Important: reason people battle in court over the property, and the BANKS , OR COURT ignore your claims,
DO NOT ASK FOR THE ORIGINAL NOTE For The Mortgage, because you will be admitting you do not have it in your possession.
This will give the bank's the advantage,
And they will remain silent and allow you to continue to strengthen the bank's position..they can take this info to the court as proof you do not have it in you possession, and get a win the judge will rule in Bank's favour.
Instead refer to the taxable Event, with the IRS, this will prove the Banks Deposited the Promissory notes with your Signature and Securitized it without paying tax and collecting on it.
2. Make sure to Get the Judges name and go to the court to have your documents, Dock through the court. And Stamp on the Record,
3. This is how you put all important letters on the Record, status correct, authentic document for standing against police, Court, etc..
As well as the Geszette, London for publishing.
4. Court of Record: Take your papers to court and ask them to court Stamp your letter, make sure to thumb print and Autograph over a £1/ 1p stamp on right bottom of the Document,
5. make sure it is touching the Court Rubber Stamp. Now you can take it scan it or photo copy the Document and bring a copy to the court, to placed a copy on the court of Record.
6. is to Express you security interest.
The banks have an Implied Trust, we are to appoint the
Court( judge public Trust)
as the trustee of the created trust by the deposit of the bank's, and order the Complaint security in the books,
7. And order the trustee to exchange the Complaint security for a dismissal order security.
8. When the ( trustee which is the court judge ) fails to perform, he's breach's the trust and loses his appointment, so the trust loses it legal and title (Standing) and the trusteeship reverts to 'You',
which means that 'you' are now the sole trustee and beneficiay.
9. See 402(a)(1) of the TIC ( uniform trust code) if it's a public trust. Bill.
The council have you as Trustee, and liable for all Debts untill 'you' reverse it.
10. END their Presumptions, by Expressing your security interest,
All ( The Government Agent's) performances is Taxable Event with the IRS.
11. So stop claims of obligation to perform, by asking the rights questions,
Is their a taxable event?
12. Flip this back on (GOVERNMENT Councils) if they failed to return full Value on the CONTRACT
Are they fulfilling there purpose as public SERVANTS? If they are failing in there obligations and duties use it to Force them to perform, when they fail 'you' cause them to breach Trust.
13. When Government Agent's, Council, Police, breach the trust, the Trust collapses, as note in sec 402 of the uniform Trust Code ,
and legal title to the trust property reverts to the( grantor, 'You') when legal and Equitable title ( interest ) merge,
You have right to Sue, or Foreclosure on them, or Order dismissal.
14. The mortgage is first a security if banks don't perform they breach Trust and, the trust collapses,
( they Government Agent's) are obligated to return the securities, including the one's they traded through in fidelity.
By the way securities is almost everything Signature on a Government document, is monetized as Security's, which is a IRS taxable event.
15. This text is for controlling the Courts securities and exposing taxable events, Controling the Government's Agent's, when dealing with police, banks, courts, Private Prosecutors in a Private Guild Bar Magistrate's Courts etc..
Court's is a company
Registered: as a Theatre Court Business Centre For profit.
No difference from McDonald's, using police's is TREASON on the PEOPLE.
RE: Court Battles - Steve - 04-28-2023
Telegram - https://t.me/AskAllegedlyDave/21482
HINTS AND TIPS ON THE SECRETS OF THE COURT SYSTEM AND HOW TO HOLD COURT JUDGES TO ACCOUNT
By asking the court administrators / Judges the right questions when a summons comes through your door.
Ask the court clerk for the name of the administrator responsible for the letter, tell them you need his / her name.
ALWAYS WRITE TO THEM IN THIR PRIVATE CAPACITY, WITHOUT USING THEIR TITLE.
WRITE TO THE LIVING MAN / WOMAN in their private capacity, ‘care of’
NEVER WRITE YOUR PRIVATE PROPERTY IN ALL CAPS
You home is Non Commercial.
ONLY USE YOUR FIRST NAME.
SURNAME IS NOT YOURS IT'S YOUR FAMILY HISTORY...THEY ARE DEALING WITH YOU ALONE NOT YOUR FAMILY.
1a. why does their letter contain grammar mistakes - what dictionary / language is being used, and who is taking responsibility?
1c. ‘Defendant’ definition. Why does the letter say no ‘fendant’ ? We have nothing to answer as there is no controversy, nothing to fend off, the letter says no fendant .
In other words, the prefix of DE-FENDANT is used and is the Parse syntax of the word rendering it null and void.
1e. Is the letter intended to trick us, the living man woman?
1f. Is it true that the word Govern means; 'control lie’ ?
1g. Is it true the court practice is to swear on the Bible, which is to curse it, and is blasphemy against faith?
2. Terms and conditions. No judge shall have foreign immunity, and all are under the penalty of perjury.
3. There should be an agreement with the boundaries of the court room for a fair trial, there is to be a level playing field in accordance with the 4 corner rule.
3a. Is it true the court uses fiction language, also described as colour of law?
3b. Is it true for fair play, that there shall be no hidden secrets, or boxes should be removed?
3c. Is it true the court practise necromancy, as evidenced by the ‘All Caps’ name on papers, and the black robes, to respect the dead?
3d. Is it true the word ‘summons’ means to summon the dead?
4. I do not consent to spectators influencing the court trial, I do not Consent to a biased court trial of our peers on this geometric level plane.
6. All men are created equal, and all are to be treated equally, For a crime there must be a victim, and with no victim, there is no crime.. This is a civil matter.
7. My word is is my bond, and is to be treated as such.
8. You are instructed to tell me what dictionary are you using. Is it the Oxford dictionary or Blacks Law dictionary?
9. Ask for the judges business card details - Surety Bond details : ___
10. Ask for details of the bond number : __
11. Ask for details of the Insurance company they have a Bond with : __
12. I Need your Oath of Office under penalty of perjury?
13. I request to be guaranteed a fair court trial with twelve of my peers as a jury. For the court record, observers must be allowed use of their phones to record / film within the public court area. Also, for fairness the judge must not be protected by immunity.
I am a man / woman and the de facto court does not have jurisdiction over men and women.
Halesbury’s law advises on Administrative Courts - no legislation can be passed to legitimise them..
If the court fails to provide these details they are acting in error, and failure to forward insurance details means the case / claim is terminated.
IMPORTANT: You need their bond information in case they harm or disadvantage you. You should demand their Bond details before any obligation on you, as without these details, it is a violation of public office and a detrimental to the public.
14. It is a violation of my faith to practise necromancy by the invitations of a summons. You are instructed to provide all the details requested, and answer my questions within seven days.
The letter sent for "you" is return to sender for "you".
The name you describe only exists on paper.
Be advised to adhere to the Natural law of the land, and the Global constitution.
15. Is it true police are ‘policy enforcement’ officers rather than law enforcement constables?
16. Is it true a judge acts in the capacity of a Bank / Post Office?
RE: Court Battles / Case Law - Steve - 04-29-2023
The Queen vs Robert White 46XY1094519
https://youtu.be/KpyhCTB7OTM
Telegram - https://t.me/AskAllegedlyDave/17513
CASE LAW NUMBER 2022004907
The Queen vs Robert White Ref: 46XY10945109
There it is REGINA VERSUS WHITE
23rd March 2022
CASE LAW 46XY1094519
1954 gas act - if there’s proof of a gas safe certificate, they cannot enter
They use magistrates court for that
Warrant of entry on gas is criminal
The police are supposed only to keep the peace but in fact become the enforcement
Warrants must be signed
KINGS BENCH 16TH DECEMBER 2022
CASE LAW NUMBER KB2022004907
Wesley Ahmed & the people Vs British Gas The Corporation
https://www.youtube.com/watch?v=vRpstChs8CI
British Gas cancels warrant of entry application to fit prepayment meter for Gas & electric.
If you check your paperwork the energy companies send you a statement which is a notice to pay.
When infact your gas electric and water has already been paid through the bill of exchange.
If you tell your energy company that you would like a bill they actually send you a Joint Giro Credit Slip which is infact is a cheque, but you can’t cash it.
Me and Jay Bradley did a video last year in the post office, we walked into the post office but the post master could not facilitate us as he was not legally trained, please see link here https://www.youtube.com/watch?v=imNzl...
Ironically the Gas agent said he had spoken to British Gas legal team barristers and the barrister stated that we didn't know what we were doing and that our method of payment was a load of rubbish, however it was that much of a load of rubbish they had infact struck out there warrant application before we even entered the court building in Crewe Magistrates Administrative Law Center, Rubber clown stamping center.
The energy companies apply for a warrant of entry under the 1954 gas & electricity act under health and safety.
They also use the gas and electricity act 1986 for monitory purposes.
However if you endorse your Joint Giro Credit slip and send it back to the utility companies you have then transferred the joint Giro credit slip back as you can’t transfer it, cash it in at a post office or bank as its non transferrable they have to accept your Joint Giro credit as full and final payment which then Zeros your account, see the link here on how to endorse your joint Giro credit slip https://www.youtube.com/watch?v=UsahR...
The gas agent stated that I must have paid my bill as that’s why they had struck out the warrant; I told the warrant officer that I had not paid the alleged debt off with cash sterling and that infact I had paid it through the bill of exchange to that the gas agent walked off in a panic as he did not want to accept what was being said to him by myself, Kevin Marks & Steve Spy.
Also we put the gas agent on notice that his actions and any other actions by another gas agent now and in the foreseeable future under penalty of perjury will be in breach of the fraud act 2006 protection from harassment act 2006 and knowingly will be committing fraud.
I would like to thank Paul Webster, Kevin Mark, Steve Spy, Eric and Peter of England who attended today.
British Gas 0 Vs 1 Beat the Bailiffs and Banks.
Victory to the people
Power to the people
Love and light with love is the only way to fight xxx
RE: Court Battles / Case Law - Steve - 04-29-2023
Courts
The circle of life is where your freedoms are handed to you as the new generation, and passed on to the next by you.
But the system strips you of your rights, and freedom; and with the loss of both, you have nothing to pass on.
In the beginning you are born without responsibility. The word responsibility means the ability to respond. Only Sovereign people who have reached the age of consent have the ability to respond, as children need to seek authority to respond, in the form of their parents.
Your parents are responsible for you, as they will provide for you and care for you as you grow and learn about the wonders and dangers of the world around you.
You are protected by your parent’s rights, jurisdiction, laws and court as they will consent for you, as you do not have the experience or wisdom to do so yourself.
Over the years the lessons of life are taught to you, so you are better prepared to make your own decisions and one day become responsible and be able to consent to your own contracts.
Coming of age is a cultural thing, but once established you have become Sovereign and are now responsible for yourself. Until that time you are under the authority of your parents. These are the only people in your life to have ever, and will ever, have this authority over you, and no else can claim this right.
Once you have become sovereign, you are now responsible for your own court, using your own jurisdiction, and have the authority to make the laws within your court, and enforce your rights.
To have rights you must claim them, if you do not, you have none. Do not be fooled into giving this power away…
The circle of life is where your freedoms are handed to you as the new generation, and passed on to the next by you.
But the system strips you of your rights, and freedom; and with the loss of both, you have nothing to pass on.
In the beginning you are born without responsibility. The word responsibility means the ability to respond. Only Sovereign people who have reached the age of consent have the ability to respond, as children need to seek authority to respond, in the form of their parents.
Your parents are responsible for you, as they will provide for you and care for you as you grow and learn about the wonders and dangers of the world around you.
You are protected by your parent’s rights, jurisdiction, laws and court as they will consent for you, as you do not have the experience or wisdom to do so yourself.
Over the years the lessons of life are taught to you, so you are better prepared to make your own decisions and one day become responsible and be able to consent to your own contracts.
Coming of age is a cultural thing, but once established you have become Sovereign and are now responsible for yourself. Until that time you are under the authority of your parents. These are the only people in your life to have ever, and will ever, have this authority over you, and no else can claim this right.
Once you have become sovereign, you are now responsible for your own court, using your own jurisdiction, and have the authority to make the laws within your court, and enforce your rights.
To have rights you must claim them, if you do not, you have none. Do not be fooled into giving this power away.
Court Room
Let’s start with the basics, as this is where so many people go wrong.
A court room is nothing but a building; it has no authority, jurisdiction or laws; it has no power.
A court room is just a place to hold a court, and it can be any building. The building does not make a court, the people do.
Rule One: You cannot GO to court. Do not fall into this trap; you cannot go to a court, as your court is with you always. You are already in court, it is yours. You can only go to a court room, to conduct your court.
When entering a court room:
There are four main areas, or questions to be asked, within a court room, which are:
1. Whose court?
2. Whose jurisdiction?
3. Whose law?
4. Whose facts?
The answer to all these questions should be yours.
Note: A court of law only deals with real living breathing people, and not legal fictions.
There are 4 basic types of court, 3 of which you need to stay out of, although one could be useful to you, if you know what you are doing.
As we have established, once you have become Sovereign, the most powerful court is your own.
Criminal vs Civil
Before we can go over the four basic types of court, we need to determine the general cause for a court to be assembled to begin with; Criminal or Civil matter?
Criminal Court: This is where someone has been accused of a crime, and said crime must be proved before someone can be convicted of committing said crime. The legal term for this is Corpus Delicti, which is Latin for “body of the crime”. There must be a victim for a crime to have been committed.
Civil Court: In simple terms this deals with breach of contracts and agreements between two parties. This is to do with trade and commerce; however a civil court can quickly turn into a criminal court, if one of the parties conducts a criminal act, such as fraud.
These are the only two reasons a court can be assembled, and for this to occur, someone’s rights must have been violated.
Court 1
Sovereign Court
This is your court, where you have full jurisdiction and authority.
The very meaning of ‘Sovereignty’ is that the decree of the Sovereign makes the law.
Tribunal: A tribunal, officially assembled under authority of law at the appropriate time and place, for the administration of justice.
The Definition of a Court: An agency of the Sovereign created by them directly or indirectly under their authority, consisting of one or more officers, established and maintained for the
purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof.
The sovereign is the Principal; all others within court are Agents to the sovereign.
You are the judge and the jury, and you make the law, you state the facts, and you determine the judgement.
Court 2
Common Law Court
You may find yourself in this court, if you have been accused of a crime or have accused someone of a crime.
A common law court is often referred to as a court of law, which must be a court of record and an open court. A Court of Law is a Trial by Jury, which is NOT a Jury Trial.
Court of Record: a court whose proceedings are recorded and available as evidence of fact. Everything is enrolled permanently for perpetual memorial of testimony, which is eminent authority of their truth.
Note: How the proceedings of your court is recorded is at your discretion, using any and all mediums you wish, including but not limited by, cameras and electronic recording devices.
Also Note: that a court of record usually has a seal, but not always.
Open Court: this court requires that court proceedings are open and accessible to the public. An open court is a normal court of law, where everyone and anyone are allowed to watch the proceedings.
Note: no one has the authority to stop you bringing anyone you wish with you to a court of law.
A common law court is still your court, but it also infringes on another’s court, either the one making the claim against you, or the person you are making the claim against.
Note: When two courts collide, you need a judicator to determine the law and the facts; in a common law court, or a court of law, this would be the jury.
Your status is still Sovereign, as no one has authority over you, until a judgement has been reached.
Within this court there will be a judge, a jury of 12, you and the other party within the dispute. The judge is in fact a magistrate or “justice of the peace”, and has no authority. He does not make the law or determine any facts. He is nothing more than a referee.
He is independent of the tribunal; the tribunal is the jury. The magistrate cannot dismiss your case, or give any orders in your case.
Because two separate courts and jurisdictions have merged under a dispute, the law and the facts are now decided by the jury.
For a common law court to have any jurisdiction over you it must have both Personal Matter Jurisdiction and Subject Matter Jurisdiction. Meaning there must be a victim within court and a witness to testify in court.
You need two or more people to swear testimony for something to become fact.
There must be a person with lawful and legal standing in the matter for the case to be heard.
You must have been served due process by the one making the claim against you, or they do not have personal Jurisdiction over you.
Note: if there is no victim or witness nor a person with lawful or legal standing, then you are not in a court of law, but are in an inferior court that does not deal in law.
Also Note: Constitutional law is based on Common law, and the Court of law. Constitutional law only applies to those who have sworn oath of office; it does not apply to the people.
Once the common law court is over, and a judgement is reached, there are no appeals as the judgment is final and the matter is closed; this also means there can be no retrials.
Inferior Courts
Not Courts of Law
An inferior court can only have jurisdiction over you, if you make a pleading within their court. Once you have made a plea, your status as Sovereign has been lost, and you have now accepted the lower status of “defendant”.
So to keep your status of Sovereign, and deny the jurisdiction of an inferior court, do not make a plea.
Note: In America Article 1 courts are for corporations, Article 3 courts are for man/woman.
The next two courts are inferior courts.
Court 3 Judicial Court
One of the main issues with a Judicial Court is many of your rights are stripped from you and your status is reduced below that of the judge.
Because your status has been lost, the Judge has now taken control of the law, which is actually civil procedure, masquerading as law. This is called a Jury Trial.
Jury Trial: The judge determines the law, and instructs the jury of the law, and the jury determines the facts only.
Every case is based on the law and the facts, to determine a judgment. This should be done by the Jury alone, but now the Judge has taken control of the law.
Note: The judge is a member of the Bar association, which is a private corporation. He swears an oath to them first, the public second, and you last.
The title judge implies a judicial officer, who has a jurisdiction within a judicial court. Within a court of law, it is preferred to deal with an elected magistrate, rather than a judge who
has claimed jurisdiction over your court.
As mentioned before, within a judicial court you will now be subject to legislation, statues and codes but not law. Common law, or a court of law, is not legislation, statues or codes.
Note: all legislation, status and codes are corporate.
One clue that shows you are not in a court of law, but a judicial or administrative court is that appeals can be made.
This shows you are now following civil procedure, which is a set of codes drawn up by a private corporation.
Titles will be applied to you, like defendant or plaintiff. This is to ensure your status stays lower than the judge at all times.
Supreme Court is no different to a judicial court; it is still just another private corporation and does not have any authority over you. It’s still controlled by the Bar association.
Your court is the Supreme Court.
Court 4 Administrative Court
There is no jury, and therefore no tribunal. Meaning the magistrate is a judge and the jury, having full jurisdiction over you, and they determine the “law” and the facts. In truth, there is no law in an administrative court.
Administrative courts were set up by governments for corporations only. These are inferior courts with no jurisdiction, and require you to make a pleading to gain control and jurisdiction over you.
Note: Government is a corporation. A person is a corporation.
These courts do NOT have Personal Jurisdiction or Subject Matter Jurisdiction.
Personal Jurisdiction:
1. First the people who have called you into court must issue process, meaning they must respect your rights and freedom and submit due process in the correct manor using respect and honour.
2. The agent or attorney must give you Process of Service. Again, your rights must be intact.
3. For you to have received due process there must be a man or woman making a claim, who will testify to said claim in court, either the injured party or a witness.
Subject Matter Jurisdiction:
1. The court must make reference to a matter that is directly linked to you, and not make reference to their subject matter.
2. There must be a party with standing in this matter, meaning their rights were violated or they received some form of damage from your actions. A living breathing man or woman must have been harmed or damaged in some way.
3. There must be a name of a real living breathing man or woman making claim to the subject matter, and not a legal fiction.
Without Personal and Subject matter jurisdiction to apply a lawful court, they require you to make a plea to gain control over you.
Remember, if you make a plea you are accepting the jurisdiction of the court.
Do not plead either guilty or not guilty, as this gives credence to the fraudulent claim. So instead state that you are innocent and you require the principal to prove their claim.
Note: if there is no principal, then there is no claim.
The court you will find yourself in will be operating under maritime law, meaning you are
without honour if you plead not guilty.
Usually when you are under maritime law, and have been accused of an offence, the accusation shall have come from an officer, who would never lie and therefore to go against their word would be dishonourable.
Loss in Jurisdiction
There are many ways that you many have already lost your jurisdiction long before even entering their court, such as signing a traffic ticket. It should also be noted that they do not keep a record of the proceedings, as they do not want any documented evidence of the deception.
If you sign a traffic ticket you have agreed or signed a contract or “promise to appear” in their court, meaning you have accepted their administrative court; they now have jurisdiction over you and you have just lost your status.
Furthermore there never was any road law in place, nor can there ever be, as this would be unlawful on common land, including roads, due to it being a crime for one person to force policy onto to another without informed voluntary acceptance.
Meaning, that no road laws have ever been proclaimed, and for the police to get around this they get the suspecting road user to proclaim the law, when they sign and date the ticket.
Note: some administrative or corporate courts actually securitise your signed traffic ticket, which “makes them more money” even after you have paid “your fine”.
Administrative Court
This is a private corporate court and in reality it can’t even be called a court as it does not fit any of the criteria to be one.
Most often these “courts” are held by judges who have not been elected. It would not be advisable to deal with an unelected judge.
Remember, you cannot be made to pay a fine without due process; if this is attempted then this would give further evidence that you are not in a court of law.
Over many decades, true courts of law have been stripped from the individual and replaced with corporations, administrating their private rules and fines with the full support of all political parties and politicians who are behind government, which is yet just another corporation.
Checklist for Court
When attending a courthouse or courtroom, there are a few basic observations you need to check to make sure it is lawful, and that you haven’t entered into a fraudulent court.
1. Do you know the name of the person making the claim against you?
2. Is it a real living breathing man or woman, or is it a legal fiction?
3. Have you been given due process?
4. Does the prosecuting solicitor or lawyer represent a real natural person, or a legal fiction? Representing a legal fiction is fraud.
5. Is there a jury of twelve?
6. Is there an elected Magistrate or is it a judge?
7. Is the person making the claim against you in the courtroom? If not then there is no claim or case.
8. Are the people who stand as witness against you actually in the courtroom? If not then
they cannot be heard.
9. To be heard in court they must be sworn under oath, otherwise it is hearsay.
10. Have you entered into a court of law or an illegal trust in your name?
11. Do the people speaking against you have either personal knowledge or subject matter?
12. Is the claim made against you either breach of contract or violation of someone’s rights? If so it may be valid if proven to be true.
13. Is the claim made against you referencing statutes, codes, regulations and legislation?
If so then the claim is invalid and fraudulent.
14. Are you being asked to make a plea?
https://www.thesovereignproject.live/_files/ugd/64735b_3e30282edf854e51ae2cf1e30eed4370.pdf
The Four Courts Flowchart - https://www.thesovereignproject.live/_files/ugd/e02961_63f4796321b143c0b8b9191a3ebebcab.pdf
RE: Court Battles / Case Law - Steve - 04-29-2023
Telegram - https://t.me/c/1885922447/336/366
ROIRA Case Law
A debtor can remove right of implied access by displaying a notice at the entrance. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed-door but it also prevents an entrance to the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003]
EWCA Crim 2753
Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483
A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.
Officials 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 an officer to enter, Faulkner v Willetts [1982] Crim LR 453, 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 officer 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.
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 officer 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
An individual may be able to use force to resist an officer 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
Officers cannot apply force to a door to gain entry Broughton v Wilkerson [1880] 44 JP 781
An officer may not encourage a third party to allow the officer access to a property (ie workmen inside a house), access by this means renders the entry unlawful, Nash v Lucas [1867] 2 QB 590
The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court
Contrast: An officer may climb over a wall or a fence or walk across a garden or yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119. Lewis v Owen [1893] The Times November 6 p.36b (QBD)
If an officer enters by force and it is proven they are there unlawfully refer to Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557
A debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578
If an officer jams a debtors door to stop him closing, any levy that is subsequently made may not be valid: Rai & Rai v Birmingham City Council [1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44 JP 781
Howell v Jackson [1834] 6 C&P 723 and Bibby v Constable of Essex [2000] Court of Appeal April 2000.
Vaughan v McKenzie [1969] 1 QB 557 refers, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012. Davis v Lisle [1936] 2 KB 434 cover if a trespasser refuses to leave.
License to enter must be refused BEFORE the process of levy starts, Kay v Hibbert [1977] Crim LR 226 or Matthews v Dwan [1949] NZLR 1037