Bailiff enforcement of High Court writs: your legal rights

If a bailiff has turned up with a High Court writ, you still have rights—and the enforcement may be unlawful if key legal rules were breached. Whether the writ is defective, the fees are excessive, or you never received notice, this page explains how to challenge the enforcement, stay the writ, and recover money taken. Don’t be intimidated—stand your ground and assert your rights under UK law.

Remedies

If you believe the enforcement was improper or the bailiff has acted unlawfully, you may be entitled to recover money taken or have the enforcement set aside. Start by applying to stay the writ and vary the judgment under Civil Procedure Rules 83.7(3) and 23.10. This will suspend enforcement and stop further fees. You can also ask the court to assess the bailiff’s charges under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014. If the Writ of Control is defective, or the bailiff breached any part of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, then the enforcement fees are not recoverable, and the bailiff must return the money taken. Always request a copy of the Writ of Control and the bailiff’s enforcement certificate. If either is missing, defective or misused, you may bring proceedings for recovery, damages, or seek an injunction. Bailiffs rely on intimidation, so a confident and informed challenge often brings results.