‘Enforcement of judgments is in a mess’

According to the new president of the Association of Her Majesty’s District Judges, District Judge Monty Trent, the enforcement of judgments is in a mess. He said: ‘There is muddle, overlap and confusion. Any experienced litigation solicitor knows that the real work starts after obtaining judgment. Judgment creditors have to apply to the court to enforce the judgment and have a bewildering choice of methods – mostly antiquated. It is all very hit and miss. Judgment debts are collected by a variety of officers: court bailiffs, High Court enforcement officers, regulated private bailiffs and, alas, a number of unregulated bailiffs who answer to nobody. Bailiffs have no right to enter premises without debtors’ permission. There is no way to investigate debtors’ means by examining financial data from banks, financial institutions, the DSS or HM Revenue & Customs. District Judge Trent intends to press for legislation to make civil enforcement machinery more effective and efficient to be brought into effect without more delay.’ He continued: ‘One of the great weaknesses of the court system is its failure effectively to enforce its own orders. We are still using enforcement methods that would be recognised by judges in 1846 when county courts came into existence. There are many people who cannot pay a judgment. Equally, there are many who can but will not pay judgments and are experts at evading our feeble enforcement methods … In 2007, after six consultations, the government demonstrated its understanding of the problem and got it right. Parliament enacted the Tribunals, Courts and Enforcement Act to clear up the mess and create a coherent system of regulated enforcement officers. At last, courts would have modern and effective methods of enforcing their judgments. However, the Act is sitting on a shelf in Whitehall with most of its provisions unimplemented. What is the point of creditors spending their time and money in bringing court proceedings when the prospects of recovery are so poor? Businesses are failing because their customers and clients are not paying their debts. I call for the Act to be wholly and urgently brought into force, so that the courts can do their job.’