Society wants those who owe money judgments to pay their dues but also wants to protect the vulnerable. We all want to prevent unacceptable behaviour from those with the difficult task of making debtors pay but we also want to ensure that creditors, many of whom may be in financial difficulties themselves, receive the money to which they are properly entitled. It is important that individuals have the right to manage their own financial affairs, but we are all concerned to address issues of overindebtedness. We must protect individuals' rights to privacy while recognising that controlled access to information about debtors' circumstances is essential, since there will always be those who deliberately seek to avoid payment.
The courts and those who bear the responsibility of enforcing the courts' judgments have to find a way to balance these competing demands and achieve the fair balance between rights and responsibilities, for both debtors and creditors, which we all expect in a modern and democratic society.
The Civil Enforcement Review has been a comprehensive and thorough piece of work for the Lord Chancellor's Department; it is an important part of the civil justice reforms. The issues involved are sensitive, complicated and finely balanced; they are at the heart of the justice system and fundamental to its aims. There have been several previous attempts to review the enforcement system - they changed little of substance. This time we believe that we have got it right, not only because we have delivered tangible results along the way but because, most importantly, we have engaged in detailed and extensive consultation through working groups and expert panels and the publication of several reports and a great deal of research. We are grateful to everyone who has participated in the Review including county court staff and bailiffs, court users, debt advisors and private sector bailiffs. There are no easy answers and no 'quick fixes' but as a result of your involvement and support we believe that this comprehensive package of proposals for legislative change is soundly based and will be effective - we commend it to you.
