Civil Enforcement Report 2025

Enforcement Industry News

Civil Justice Council Final Report April 2025

Summary of the Civil Justice Council (CJC) Final Report on Civil Enforcement (April 2025)

Purpose of the Report

The report aims to improve the effectiveness, efficiency, and fairness of civil judgment enforcement in England and Wales, especially in light of rising household debt and the need to protect vulnerable defendants.

Key Findings

Current System is Failing:
- The two-tier system (County Court and High Court) is inefficient.
- County Courts are underfunded, leading to delays and poor service.
- Bailiffs are praised for their professionalism but are hampered by lack of resources.
Enforcement Conduct Board (ECB):
- Established in 2022 to regulate enforcement agents.
- Introduced new standards effective from 2025.
- CJC supports giving ECB statutory powers.
Vulnerability & Fairness:
- Many defendants are in financial hardship, including those in regular employment.
- Enforcement must balance creditor rights with protection for vulnerable debtors.
Default Judgments:
- Over 60% of claims result in default judgments.
- Many defendants are unaware of proceedings due to poor service practices.

Civil Enforcement Agent at front door

Major Recommendations

Immediate Reforms

Create a unified digital enforcement court to replace the two-tier system.
Bring Part 4 of the Tribunals, Courts and Enforcement Act 2007 into force to allow access to government-held financial data.
Improve court communications to be clearer and less intimidating.
Enhance early engagement between creditors and defendants.
Provide better access to debt advice and increase funding for advice services.
Amend court forms to be more user-friendly and include email addresses for better communication.

Court Process Improvements

Require proof of service and compliance with pre-action protocols before default judgments.
Reduce the fee to set aside default judgments due to non-service.
Improve data collection on enforcement methods and outcomes.
Reform CPR Part 71 (debtor questioning) to be more effective and less punitive.

Long-Term Vision

Explore alternative models of enforcement (administrative or judicial officer-based).
Develop a centralised portal to manage all debts and financial information.
Ensure proportionality in enforcement fees.
Monitor international best practices (e.g., UNIDROIT project).

Key Recommendations

Structural Reform

Create a single unified digital enforcement court to replace the current two-tier system (County and High Court).
Develop a central portal to hold financial and enforcement information about defendants, including debts outside the court system.
Bring Part 4 of the Tribunals, Courts and Enforcement Act 2007 into force to allow courts to access financial data from government departments and third parties.

Court Process & Communication

Improve court communications to be clear, non-intimidating, and encourage early engagement.
Amend court forms (e.g., N1, N9A, N9B, N9C) to include email addresses and be more user-friendly.
Require proof of service and compliance with the Pre-Action Protocol (PAP) before default judgments.
Reduce the fee to set aside default judgments due to non-service from £303 to £123.
Replace “last known address” with more reliable service addresses (e.g. council tax address).

Support for Defendants

Provide a Financial Statement form with the first court communication and upon judgment.
Include a question on vulnerability in all response forms.
Distribute debt advice information with all court communications.
Fund and promote debt advice services, including telephone/webchat support and posters in public spaces.

Enforcement Practice

Repurpose Warrant of Control Centres into Debt Support Centres for early intervention.
Limit enforcement fees to a proportion of the amount recovered.
Train County Court officers to conduct CPR Part 71 questioning, following the King’s Bench Division model.
Review or remove CPR Part 71 due to inefficiency and ineffectiveness.
Restrict imprisonment for contempt to serious, deliberate non-compliance cases only.

Data & Oversight

Collect data on enforcement methods, timelines, and outcomes.
Monitor compliance with the PAP and impose sanctions for non-compliance.
Support the Enforcement Conduct Board (ECB) with statutory powers for oversight and certification of enforcement agents.

Conclusion

The CJC concludes that the status quo is unsustainable.

A digital, unified, and fairer enforcement system is essential to uphold the rule of law, support economic growth, and protect vulnerable individuals.

We can help

About the author

This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.

Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.

Disclaimer
This article provides general information and does not constitute legal advice. It is essential to consult with a qualified legal professional for advice tailored to your specific circumstances.

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