Section 124 Liability of bailiff for neglect to levy execution.C1

England and Wales

F1(1)

Where F2the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain F3to the court.

(2)

On any such complaint the F4court , if the neglect, connivance or omission is proved to his satisfaction, shall order F5that person to pay such damages as it appears that the complainant has sustained by reason of it, not exceeding in any case the sum for which the F6warrant was issued.

Annotations

Textual amendments

F1: S. 124(1) amendment to earlier affecting provision 2007 c. 15 Sch. 13 para. 79(2)(a)(b) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 124(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 79(2)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F3: Words in s. 124(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(60)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Word in s. 124(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(60)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 124(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 79(3)(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)
F6: Words in s. 124(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 79(3)(b) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Modifications

C1: S. 124 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).