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Publications
The enforcement of court judgments has been under review by ministers and policy makers since the Lord Chancellor, Lord Irvine, launched his Review in 1998.
There are a number of resources that visitors to this website may find of interest in relation to the outcome of that Review, which culminated in the White Paper “Effective Enforcement” published in March 2003.
This White Paper became the “blueprint” for reform and can be found at:
Department for Constitutional Affairs - White Paper - Effective Enforcement
Another interesting resource for those interested in enforcement is the Report on Judicial Statistics, published by the Ministry of Justice, and which gives a breakdown of enforcement methods in both the County Courts and High Court.
Judicial and court statistics - Ministry of Justice
As all High Court Enforcement Officers are required by their guiding regulations to hold a Consumer Credit Act Licence, they are bound by the compliance requirements of the Office of Fair Trading in their debt collection guidance as far as it relates to the enforcement of the court’s judgment. A link to the Office of Fair Trading debt collection guidance is set out below:
The Office of Fair Trading: Debt Collection practices
The enforcement of a High Court Writ is subject to its own regulations, and, indeed, the High Court Enforcement Officers are answerable to Her Majesty's Judges and to the Lord Chancellor’s “delegated person” in the performance of their duties.
Of course, at present the Tribunals, Courts and Enforcement Act is currently waiting for its statutory framework to be implemented. This major piece of statutory reform was enacted in July 2007 and follows on from many of the themes that were set out in the White Paper (see above). At present, we are waiting for details of the Act’s Development Plan to be published. The High Court Enforcement Officers’ Association is committed to working with the Ministry of Justice to ensure any implementation put forward achieves “Responsible Enforcement” as its primary outcome.
The Tribunal Courts and Enforcement Act has four key areas which affect the delivery of High Court enforcement including:
- Part 3, which sets out a new procedural basis for the enforcement of warrants and Writs in relation to taking control of goods to pay debts;
- Part 4, relating to other connected methods of enforcement such as Charging Orders, Attachment of Earnings and Information Requests;
- Part 5, which sets out a new regime for debt management and relief in relation to enforcement action; and
- Part 7, which allows Compulsory Purchase Orders to be addressed to any High Court Enforcement Officer who is licensed to operate in any postcode in England and Wales.
A link to the Tribunals Courts and Enforcement Act 2007 is set out here for ease of reference:
Tribunals Courts and Enforcement Act 2007
Finally, High Court Enforcement Officers endeavour to keep themselves abreast of all new initiatives emanating from the credit industry, and one of the most thoughtful pieces of work we have seen recently is the Mental Health Awareness Guidelines, published by Money Advice Liaison Group in November 2007. High Court Enforcement Officers must be aware of how to deal with a member of the public who is suffering from any form of illness, and these guidelines, which address particular issues in relation to mental health, are very welcome. A PDF of the Guidelines is set out below:
Mental Health Awareness Guidelines
A link to the MALG website is also set out below:
Money Advice Liaison Group
If visitors to this site believe that any further resources should be made available here which would help either High Court Enforcement Officers themselves in carrying out the execution of their duties or, indeed, visitors to this site generally, then please contact the Association using the Enquiry Form provided.
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