CCR2 Public-Sector Collections Exactly how many such defences and


applications could the court system handle? If care is not taken, it may not be long before we find out. Let us hope that it is not so many that the whole system grinds to a halt!


Brave thinking? I will no doubt sound cynical, but there is also a common aspect to these themes of digitalisation, centralisation, communication, and transparency. They look good, they can certainly have very significant benefits if introduced correctly, but notably they can also be relatively cheap and easy to achieve. Whilst often requiring investment up


front, they may also minimise the running costs to HMCTS on an ongoing basis. What they certainly do not require is brave or radical thinking, consultation, or amendments to legislation or rules. I believe that Lord Briggs made it clear


that far more was required than we are currently seeing. In particular, he identified enforcement of judgments as long overdue for a radical overhaul. The reform programme is a huge


opportunity to provide every court user with a modern, efficient, and effective means to access justice. I sincerely hope that we soon see this opportunity being grasped, beyond the limited scope we have seen so far. I look forward to reading concrete proposals for fundamental improvements, particularly when it comes to enforcement. Not just limited to those areas which are


easy to achieve and often also provide cost savings to HMCTS, but objective proposals to genuinely enhance the experience of the court user and provide a service which goes some way to justifying the huge expense of the court fees. I would like to see an end to the shirking


away of anything which requires substantial re-thinking, investment, or a change to court rules, legislation, or documents. How can a genuine reform project avoid those aspects?


Fit for 2050 We are told that the idea is to provide a court service fit for 2050. If genuine, that will require more than just a papering over of the cracks. Take the Attachment of Earnings Act for example, with its cumbersome and long-


September 2019


We are talking about enhancements to cover developments and changes to society over some 79 years, as the act does of course already date back to 1971. This shows the scale of the task and why a papering over of the cracks just will not do


winded requirements for service where the Judgment debtor proves to be evasive. We are not just talking about enhancements to supposedly cover changes over the next 31 years, from now until 2050. We are talking about enhancements to


cover developments and changes to society over some 79 years, as the act does of course already date back to 1971. This shows the scale of the task and why a papering over of the cracks just will not do. The Attachments of Earnings Act provides


a basic framework, which will be generations old by 2050, introduced by the great-great- grandparents of 2050’s children. 1971 was


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the year of decimalisation, moving away from pounds, shillings, and pence, Edward Heath was prime minister, Richard Nixon in the White House, there was the invention of the microprocessor and the Austin Morris 1100/1300 was the UK’s best selling car. It was a different world to now, let alone 2050. Society has moved on. How can any


system which is already so old and out-of- date be genuinely reformed and made fit for 2050 without far-reaching and meaningful changes being considered and introduced? That is just one example.


Conclusion My biggest concern is that if fundamental reform does not occur now, with a £1bn- plus budget and a stated intention to achieve it, when will it be delivered? If it does not happen now, then I cannot


see it ever happening. I am concerned to ensure that we do not look back after the event and find that a papering over of the cracks by way of digitalisation, centralisation, enhanced communication, and increased transparency was all that the court user actually ended up receiving, masquerading under the guise of true reform. It is time to see some real progress! CCR2


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