Civil Justice Council Publishes Report on Civil Enforcement

Background to the Report

In April 2025, the CJC, a public body responsible for modernising the English civil justice system, produced a report to address the weaknesses and inefficiencies in the current regime for enforcing civil judgments in England and Wales. 

The report was prompted by widespread concerns from various stakeholders, including the judiciary, enforcement professionals, and debt advice organisations, about delays and the lack of coordination in the current enforcement system. In particular, concerns have been raised about the complexity and inefficiency of the two-tier enforcement system in England & Wales (split between the High Court and other courts), creating unnecessary complexity and inefficiency in the regime.

The CJC has recommended the creation of a unified digital enforcement court, which would streamline the enforcement process, improve information sharing, and consolidate enforcement of all judgments, irrespective of the court in which they were obtained. This approach is intended to build on the strengths of the High Court's enforcement mechanism, and to address the systemic issues that currently hinder effective recovery of debts and undermine confidence in civil justice.

Key Proposals

The key elements of the reform proposed by the CJC include:

• Creation of a single unified digital enforcement court. The report's principal proposal is to move away from the current two-tier enforcement system and establish a single, unified digital court for the enforcement of judgments. This digital enforcement court would handle all enforcement matters, regardless of whether the original judgment was obtained in the High Court or elsewhere. The system would feature a centralised online portal containing comprehensive information about debtors' financial positions and all outstanding debts, streamlining enforcement and improving efficiency.
• Enhanced information sharing and early financial disclosure. The CJC recommends bringing into force Part 4 of the Tribunals, Courts and Enforcement Act 2007, which would allow creditors to obtain key financial information about judgment debtors from government departments and third parties. This would enable High Court Enforcement Officers ("HCEOs") to make more informed decisions about enforcement action and ensure that enforcement is targeted and proportionate.
• Strengthened regulation and oversight of enforcement agents. The report also calls for improved regulation of enforcement agents, particularly HCEOs, through the grant of statutory powers including the power to certify enforcement agents for the Enforcement Conduct Board, or ECB, an independent oversight body established in 2022 to supervise and regulate the conduct of enforcement agents. This would ensure consistent standards, independent complaints handling, and better protection for vulnerable parties, thereby raising confidence in enforcement and ensuring fair treatment for all those subject to enforcement action. (The point made in the report at para 3.35 is around the need for a fair system and therefore oversight, even if the report urges a move away from the court model).

Implications of the CJC Recommendations

The creation of a unified digital enforcement court and centralisation of information relating to a judgment debtor's finances and outstanding debts would enable more effective case management and reduce the risk of multiple uncoordinated enforcement actions against the same judgment debtor. 

The proposed changes to Part 4 of the Tribunals, Courts and Enforcement Act 2007, including the ability to seek information about a judgment debtor's financial circumstances directly from government departments, are also highly significant: enforcement action would be better informed and targeted, reducing wasted time and costs on fruitless attempts to recover from those who cannot pay, whilst focusing resources on cases where recovery is realistic. By reducing delays and inefficiencies caused by reliance on the judgment debtor providing information about their financial circumstances, the proposed reforms would help businesses and individuals recover debts more reliably, supporting cash flow and commercial certainty. 

Conclusion

The CJC's recommendations, if implemented, will modernise and rationalise civil enforcement, making it more efficient, targeted and responsive to the needs of judgment creditors.