County Court Enforcement System Branded Complex, Slow, and Outdated: Calls Grow for Radical Reform
The civil justice system in England and Wales is facing fierce scrutiny over its outdated and dysfunctional enforcement mechanisms, as a new report by the Civil Justice Council (CJC) brands the current county court enforcement process “seriously weak” and in urgent need of reform.
In a significant development, the CJC’s working group has called for a unified digital enforcement court, a complete rethinking of how judgments are executed, and a more humane, efficient, and accessible system for both creditors and debtors. These proposals come amid growing frustration from legal professionals, debt advisors, and the public, all of whom describe the enforcement arm of the justice system as slow, fragmented, and deeply confusing.
A Broken Process: The Dual Burden on Claimants
Enforcing a County Court Judgment (CCJ) in the current system is essentially a two-stage ordeal. First, the creditor must secure a judgment confirming the debt. Then, they must initiate a separate process to enforce it—through mechanisms such as bailiff action, attachment of earnings, charging orders, or third-party debt orders.
The CJC’s report argues that this two-tier structure creates unnecessary complexity, cost, and delay—often discouraging successful claimants from pursuing what they’re lawfully owed.
“The process for obtaining a remedy after a judgment is unfit for purpose,” the report concludes. “We are asking laypeople to navigate a labyrinth of forms, fees, delays, and jargon—and that’s if they can even get through to the court.”
A System Stuck in the Past
The working group, chaired by Her Honour Judge Karen Walden-Smith, took evidence from stakeholders on all sides of the enforcement system: creditors, debtors, lawyers, bailiffs, court staff, and debt advice services.
The overwhelming consensus? The system is outdated, confusing, and hard to access.
Common complaints included:
- Long delays in enforcement proceedings
- Court staff overwhelmed and under-resourced
- Poor communication and inconsistent advice from courts
- An ineffective bailiff service with limited capacity
- No centralised view of a debtor’s financial situation
For creditors, these issues translate into months or years of waiting, little hope of successful recovery, and soaring legal costs. For debtors—many of whom aren’t trying to dodge obligations—it results in fear, confusion, and a lack of support, often worsening their financial instability.
The Role of Bailiffs: A Sticking Point
One of the most controversial elements of county court enforcement remains the use of bailiffs (officially known as enforcement officers).
In the current model:
- County court bailiffs are employed by HM Courts & Tribunals Service (HMCTS)
- They are notoriously under-resourced, with long delays between instructions and action
- Private enforcement agents, used in High Court enforcement, tend to be faster but raise concerns over cost and conduct
Critics argue that the current bailiff system is ill-equipped to deal with modern debt recovery, especially in an age where more intelligent and digital solutions exist.
“Bailiffs are a blunt instrument in a world that needs precision,” said one anonymous contributor to the review. “We’re using 20th-century methods to solve 21st-century problems.”
Digital Future: A Unified Enforcement Portal
One of the key recommendations from the report is the creation of a unified digital portal for enforcing judgments—regardless of whether they were obtained in the county court or High Court.
This digital platform would:
- Provide real-time updates on enforcement progress
- Give creditors a single entry point for launching enforcement action
- Give debtors a clear, non-threatening interface to understand and respond
- Include a consolidated view of a debtor’s financial position, helping courts assess affordability and determine appropriate outcomes
The vision is to make the enforcement process more streamlined, less adversarial, and easier to navigate for ordinary people—not just lawyers.
Costs and Communication: More Barriers to Access
Another major critique was the cost of applying to set aside a CCJ, currently £303. The report recommends reducing this fee to £123, making it less financially punishing for individuals who wish to challenge judgments made without their knowledge (often due to administrative errors or incorrect addresses).
The CJC also took aim at the intimidating and unclear language used in court letters, orders, and guidance documents.
“People aren’t refusing to engage,” says the report. “They simply don’t understand what’s being asked of them.”
A proposal has been made for HMCTS to revise all enforcement-related communication to use plain, accessible language, with clear signposts to support services and advice organisations.
Master of the Rolls: “Time for Action”
Sir Geoffrey Vos, Master of the Rolls and chair of the Civil Justice Council, welcomed the report’s findings and urged reform.
“For too long, civil enforcement processes in England and Wales have been overly complex and unwieldy,” he stated. “There is an obvious need for rationalisation and modernisation, but it is a subject that has perhaps always been placed in the ‘too difficult’ box.”
Sir Geoffrey made clear that this inertia can no longer be tolerated.
He called on the Ministry of Justice and HMCTS to consider the recommendations seriously, ahead of a wider review planned for next year.
What Do the Debt Advisors Say?
Debt advice organisations were some of the most critical voices in the report. They painted a picture of an enforcement system that is:
- Near-impossible to navigate without help
- Routinely exacerbating clients' stress, debt, and mental health issues
- Inconsistent in outcomes, even for similar cases
They described clients who:
- Didn’t know they had a CCJ until bailiffs arrived
- Paid debts multiple times due to poor records
- Couldn’t reach courts to correct mistakes
For people already struggling with complex debt scenarios, enforcement becomes another unscalable mountain—one that often leads to disengagement, avoidance, or collapse.
What Happens Next?
The recommendations are now under consideration by the full Civil Justice Council, with a formal review scheduled for publication in 2026. While any overhaul will take time and funding, there is a sense that momentum is finally building around civil enforcement reform.
If implemented, these changes could:
- Simplify the enforcement process for all
- Speed up recovery for creditors
- Protect vulnerable debtors from spiralling problems
- Modernise the civil courts into a more accessible and trusted institution
Final Thoughts: Reform Long Overdue
Civil judgments without effective enforcement are little more than paper victories. For too many people—on both sides of the enforcement equation—the current system feels impenetrable, archaic, and unfit for modern society.
From overwhelmed bailiffs to unaffordable application fees and confusing paperwork, the problems run deep. But with high-level backing and concrete proposals now on the table, there is finally hope for a more compassionate, effective, and intelligent system.
As Judge Karen Walden-Smith aptly summarised:
“We must stop treating enforcement reform as an afterthought. It is the crucial end of the civil justice journey—and it must work for everyone, not just those with legal training or deep pockets.”
At a Glance: What the Report Recommends
Problem | Recommendation |
Complex dual process for enforcement | Create a single digital enforcement portal |
High fees to challenge CCJs | Reduce set-aside application fee from £303 to £123 |
Confusing language in court documents | Use plain English and less intimidating tone |
Outdated bailiff model | Consider modern alternatives and review public/private mix |
Fragmented debtor info | Provide full financial overview within enforcement system |
Have a CCJ You Want to Challenge?
If you believe a County Court Judgment was issued unfairly or in error, you may be able to have it set aside.
At Parachute Law, our team helps individuals:
- Challenge default judgments
- Apply to set aside CCJs
- Understand enforcement notices
- Avoid bailiff action
Contact us today to speak to a legal expert and protect your financial future.
Need help with a CCJ?
Parachute Law specialises in removing CCJs—even after they’ve been paid.
Call us: 0207 183 4547
Or email: thelegalteam@parachutelaw.co.uk
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