Enforcement Review

The first phase of the Lord Chancellor’s Review of Enforcement announced in March 1998 has concluded with the basic finding that the need for the level of information available to the courts and creditors should be improved, so that the most effective method of enforcement can be employed. Proposals include a fixed deduction system in attachment of earnings cases (with review procedures); greater flexibility for court bailiffs to negotiate payment by instalments; and enabling joint accounts to be attached in garnishee proceedings. It would no longer be necessary for a creditor to have details of a specific bank account in respect of which they sought to obtain a garnishee order; creditors would be able to approach a bank with a general request for details of the debtor’s accounts, which the bank must disclose. As part of the review, Professor Jack Beatson QC, Director of the Centre for Public Law at Cambridge University, has published his report in which he suggests a single new piece of legislation to regulate bailiffs – setting out the rights of creditors and debtors more clearly, describing the remedies that may be sought, giving debtors written warnings and guidance on forcible entry.