Free Traffic Legal Advice

Cases involving applications against enforcment using a defective instrument are typically unreported, as they are handled as "applications" under Civil Procedure Rule 84.13 rather than court claims. When applying for damages due to enforcement under a defective warrant, it is essential to provide evidence of the defect and quantify any special damages with supporting evidence. Failure to do so may result in the court awarding only nominal damages, such as £25 per day for the loss of a vehicle, as demonstrated in Burton v Ministry of Justice [2024] EWCA Civ 681.