header-logo header-logo

In the frame

07 February 2014 / Stephen Boyd
Issue: 7593 / Categories: Opinion
printer mail-detail
web_boyd

Stephen Boyd advises debtors on the best course of action when faced with a camera crew

There seems to be an endless appetite for reality television programmes. The viewer seems to find actual real-life drama even more entertaining than the made-up stuff.

The latest twist on the theme is the so-called “tag-along raid” when a film crew accompanies bailiffs when enforcing judgments at the debtor’s premises (eg The Sheriffs are Coming , BBC One).

What, if anything, can a debtor do about this, or must he be an unwilling participant in the television stations’ quest for viewers?

There are two possible avenues, one of which is more promising than the other.

Defamation

In showing the enforcement officer attending at premises, the innuendo would be that the subject of the execution was a judgment debtor. This would be actionable, if false.

The difficulties with this course are that in Bonnard v Perryman [1891] 2 Ch 269, [1891-4] All ER Rep 965 the Court of Appeal held that an interim injunction will not be granted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll