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In the frame

07 February 2014 / Stephen Boyd
Issue: 7593 / Categories: Opinion
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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 to restrain publication of an allegedly defamatory statement if the defendant

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