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What is High Court Enforcement?

//What is High Court Enforcement?

What is High Court Enforcement?

We’re often asked ‘What is High Court Enforcement?’

The answer lays on the internet where there is a plethora of information about a subject we love here at Shergroup.

Take a look at this link on Wikipedia for some initial background information – see https://en.wikipedia.org/wiki/High_Court_enforcement_officer

But it would be a fair question to ask what’s all the interest about.  Twenty years ago, High Court Enforcement Officers weren’t even on the radar of policy officials who were going to axe their predecessors, Under Sheriffs and Sheriff’s Officers, from the England and Welsh legal system.  Research evidence was emerging from Warwick University that the county court enforcement was not meeting the expectations of users – see https://bit.ly/2TNUxfU

All this activity, and the potential exclusion of Sheriffs under the new Civil Procedure Rules in 1999, led to a group of Sheriffs getting together form the National Sheriffs Campaign.  This group along with its supporters, lobbied for the retention of the Sheriff’s service, albeit renamed High Court Enforcement.  Under Sheriffs and Sheriff’s Officers merged into the High Court Enforcement Officers Association – see www.hceoa.org.uk

For those of us involved at this time (c.1998) the then Lord Chancellor, Lord Irvine instigated a formal review of enforcement services.  A Green Paper, Towards Effective Enforcement, was published introducing the idea of a “single piece of bailiff law”.  You can buy a version of this document on Amazon today for $701.00 – see https://amzn.to/2Cgm9TK.  Looking back the reform of the Sheriff’s system and the gathering up of bailiff law, including the law of distress, into one single statute was a smart idea.  In 2007 The Tribunals Courts and Enforcement Act creating the statutory framework for all enforcement power to be regulated.  It took until 2013/2014 for the details of that regulation to be thrashed out into the Taking Control of Goods Regulations 2013 and the accompany fee regulations in 2014.

The reforms recognized that the system of enforcement, which can be traced back to before William The Conqueror in England and Wales, is all about balance.  It has to deliver effective enforcement in a streamlined and increasingly technological way.  It is if the you the Amazon of the legal system!  This is the point where the court’s judgment or order gets paid or enforced by repossessing property or assets.  Without a functioning enforcement system, judgments wouldn’t be paid, and possession orders would be left for weeks waiting for the county court system to set a date.

Twenty years ago, we never envisaged that there would be various TV shows made about our work, but HCEOs do have an interesting life.  For those of us who get the bug it brings variety every day.   HCEOs see all levels of commerce and humanity and must pick their way through the competing interests of the parties on the face of the Writ to achieve the best outcome.

One day an HCEO can be dealing with taking control of an aircraft, and the next day, taking control of a second-hand car.  Either way the CCJ or other form of Order must be enforced.  An HCEO cannot refuse a Writ which is sent to him or her in their name in a postcode they have said they will service.  The art of it is to know the paperwork, the Regulations and the statutes to get the job done.  The TV shows have shone a light on what we do.  For creditors, more people now know about the High Court enforcement system and how to engage with it.  For debtors, the consequences of not paying a CCJ are on the telly.  Don’t allow a CCJ to get to this stage.   Pay the debt, or if it reaches judgment stage pay it as soon as possible to avoid additional charges being added.

Keep reading our Blog for more insight on all aspects of High Court Enforcement and the work of Shergroup in its various services as the oldest recorded Sheriff’s Office in England and Wales.

LORD IRVINE

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2019-01-21T19:08:16+00:00