Professional Ethics and Bailiff Liability
Core concepts
Understand the bailiff's duties of independence, impartiality, confidentiality and diligence. Know the disciplinary offences, the disciplinary bodies, and the sanctions available. Master the grounds for civil liability of the bailiff for damage caused by unlawful enforcement acts, and the relationship between disciplinary and civil liability. Understand conflicts of interest and the prohibition on acting in one's own interest.
Traps
Questions confuse disciplinary liability with civil liability; one does not automatically follow from the other. Another trap concerns whether a bailiff can be liable for acts performed under a valid court order. Watch for confusion between the bailiff's personal liability and the liability of the state.
Rule of thumb
Separate the professional duty breached from the damage caused; civil liability requires fault, damage and causation, while discipline requires only a breach of professional rules.