04-29-2023, 08:30 PM
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
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