Government plans sweeping changes to bailiff system

ENFORCEMENT: proposals aim to speed up recovery of funds

Bailiffs are to be regulated as part of a sweeping government review of enforcement, which began last week.A government report proposed measures to track debtors to new jobs, give bailiffs greater power to negotiate payments by instalments, and introduce a national register of those who receive attachment of earnings orders.

Garnishee orders - by which creditors seek to recover assets from debtors' bank accounts - would be radically changed under the proposals.

Instead of knowing the details of the specific bank account from which they obtain a garnishee order, creditors would be able to approach a bank with a general request for details of the debtor's accounts - which the bank must disclose.

Creditors would also be allowed to access joint accounts.

The report also sets out ideas for new sanctions for debtors, including points on their driving licences.A consultation period will now take place leading to a white paper, expected early next year.As part of the wider review, Professor Jack Beatson of Cambridge University published his government-commissioned report on bailiff law.

He recommended rationalising existing common law relating to bailiffs into one piece of legislation, and that bailiffs carry identity cards.Jonathan Berkson of the Law Society's civil litigation committee said: 'Measures which improve enforcement strengthen the judgements that are made.

However, the right balance between the rights of the individual and the rights of the creditor should be obtained.'

Jeremy Fleming