Call for evidence on the process of enforcing judgment debts

The Civil Justice Council has recently issued a Call for Evidence regarding the methods currently available to enforce money judgments within England and Wales.

It invites comments as to the effectiveness (or otherwise) of the various enforcement mechanisms, and any suggestions for improvement. 

While the consultation seems particularly focused on enforcement in lower value debt claims, the enforcement mechanisms being reviewed include several that are important tools in fraud actions and other commercial claims, including:

• Asset identification via publicly available sources:
  • The Land Registry
  • The Bankruptcy and Insolvency Register
  • Companies House
  • The Attachment of Earnings index
  • The Insolvency and Companies List
  • Instructing enquiry agents
• Freezing orders  (especially post-judgment)
• Orders for judgment debtors to be examined by the court regarding their assets (CPR Part 71)

The deadline for responses to the Call for Evidence is 16 September.  We will report on the Civil Justice Council's response in due course.