E - Execution
6/5/20
365 BUSINESS FINANCE LTD v BELLAGIO HOSPITALITY WB LTD [2020] EWCA Civ 588
Where two or more writs of control to recover different judgment debts from the same debtor are directed to different enforcement officers, the first in time to be received by an enforcement officer has priority. Until goods are taken in execution, the debtor and anyone to whom the goods are transferred remains free to deal with them and a transferee in good faith, for valuable consideration and without notice of the writ, acquires the goods free from the writ [66]. Money obtained by an enforcement officer threatening to remove goods is just as much an exercise of the enforcement power conferred by the writ as the carrying out of such a threat by actually removing and selling the goods [100]. This applies whether payment is by cash, card payment or otherwise [113]. An enforcement officer is an officer of the court [122]. Attempting to enforce a writ knowing of another writ with priority, is inconsistent with the standards of conduct expected of officers of the court [131].