Notice of enforcement by an enforcement agent or bailiff under the Taking Control of Goods Regulations 2013 may be reduced by the court from seven clear days if satisfied it is likely that goods will otherwise be removed or disposed of. If reduced, what would be a suitable notice period? One minute? Indeed, what would be the purpose of any notice where that likelihood exists?
A court will need to be persuaded that the power to reduce the period of notice is necessary rather than merely convenient especially bearing in mind that the application will be without notice. In some cases, the evidence might well justify a reduction of the notice period to nil. In the absence of any rules of procedure to the contrary, the court’s discretion will include a power to attach conditions to the notice. For example, the reduction of the period of the notice to nil might be subject to a condition that the goods are to be secured under reg 16 or 17 but not removed for a fixed period or, given the possible implications of Art 8 of the
