Burton (claimant/appellant) v Ministry of Justice (defendant/respondent)
Thursday 11 April 2024
By Appellant’s Notice filed on 19 May 2023, the Claimant (C) appeals paragraphs 1 and 2 of the order of HHJ Richardson dated 11 May 2023, sitting in Kingston-upon-Hull County Court, whereby she (1) dismissed the appeal (2) ordered the Appellant to pay 70% of the respondent’s costs of the appeal summarily assessed in the sum of £7000
On 22 January 2021, Mr Burton’s hire-purchase vehicle was wrongly clamped by an enforcement agent ultimately instructed by the Ministry of Justice, in breach of Schedule 12 of the Tribunal, Courts and Enforcement Act 2007 (“TCEA 2007”). Mr Burton applied on 9 February 2021 for an order that the Ministry of Justice release the clamp and for damages pursuant to paragraph 66 of Schedule 12 TCEA 2007. Mr Burton sought £25 per day in general damages to reflect the loss of use of the vehicle, £180 special damages for the cost of alternative transport and 88p/day for the wasted cost of insuring the vehicle.
Mr Burton’s application to release the clamp was successful. His application for damages was eventually dismissed by HHJ Richardson on appeal for two reasons. These form the two grounds of appeal before the Court of Appeal.
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