Just Digital Marketplace Ltd  EWHC 15 (QB), 8 January 2021, Master McCloud
The High Court (Master McCloud), in a Part 8 claim brought by one of the leading players in High Court enforcement, has held and declared that an enforcement agent may enter into a controlled goods agreement (“CGA”) within the meaning of para 13 of Schedule 12 to the Tribunals, Courts and Enforcement Act 200 with a judgment debtor whether or not the enforcement agent has physically entered the premises on which the goods are located. Accordingly, an enforcement agent and judgment debtor can enter into a valid CGA via a video call made over Zoom or other video platform (a “non-entry CGA”).
Master McCloud further held, however, that many of the provisions of Schedule 12 concerning subsequent enforcement of a CGA (involving entry or re-entry on the premises) did not apply to a non-entry CGA; and that it would be a matter for the Government and the legislature to consider the implications of the judgment and whether, and if so what, rules and procedures were required for entry into and enforcement of non-entry CGAs..
Andrew Macnab, instructed by the Government Legal Department, represented the Ministry of Justice, the third interested party.
Read the full decision here.