High Court Enforcement: Change is on the Horizon
By Samuel Evans
Cast your mind back to 2014. Pharrell Williams was topping the charts with ‘Happy’, Apple released the iPhone 6, Oscar Pistorius was on trial, Malaysian Airlines flight MH370 vanished, and we lost the much loved Robin Williams.
Each of these moments feels firmly rooted in another era. Yet 2014 was also a pivotal year for the enforcement industry, marking the introduction of the Taking Control of Goods Regulations 2013, which fundamentally reshaped how enforcement activity is carried out across England and Wales.
What is perhaps most striking, looking back, is just how much the world has changed since then. Social attitudes, economic pressures, technology, consumer vulnerability, and regulatory expectations have all evolved at pace. Public scrutiny is sharper, driven in part by the rise of social media. Transparency is now expected, alongside a greater emphasis on fairness, proportionality, and ethical conduct across the credit and enforcement landscape.
Against that backdrop, it is surprising that the core regulatory framework governing enforcement has remained unchanged for such an extended period. The regulations introduced in 2014 were progressive for their time, providing clarity, structure, and safeguards where inconsistency previously existed. However, the passage of more than a decade without substantive reform has created a growing disconnect between regulation and reality.
Since 2014, enforcement professionals have had to adapt in practice to rising vulnerability, increased mental health awareness, digital communication channels, and heightened expectations from creditors, regulators, and the public alike.
Much of this adaptation has been driven not by regulation, but by best practice, sector collaboration, and a collective recognition that enforcement must evolve to remain effective, proportionate, and trusted.
The enforcement sector receives its fair share of criticism, but credit should perhaps be given for the focus that is now placed on potentially vulnerable debtors, with signposting and support greater than it has ever been.
Over more recent years, the introduction of the Enforcement Conduct Board (ECB) has played an important role in bringing greater consistency and accountability to enforcement practices. Through its voluntary accreditation scheme, now representing around 96% of the private enforcement sector in England and Wales, the ECB has helped establish a clearer expected standard of conduct.
Alongside this, the introduction of the ECB’s Standards for Enforcement Agents and Firms has further reinforced the direction of travel within the sector. These standards reflect a growing emphasis on professionalism, transparency, and the fair treatment of those subject to enforcement, while supporting creditors in achieving fair and proportionate outcomes.
As we move into 2026, change is firmly on the horizon. Amendments to the Taking Control of Goods Regulations and Fees Regulations, alongside the Enforcement Conduct Board’s work on vulnerability and affordability standards, represent a long-awaited opportunity to bring the regulatory framework back into alignment with modern expectations and realities.
What Are The Expected Amendments Likely To Detail:
- An extended Notice of Enforcement period, increasing from 7 clear days to 14 clear days before enforcement activity can progress
- Clear confirmation that payment arrangements may be agreed and accepted during the Compliance Stage, rather than requiring escalation to enforcement
- A 5% uplift to the High Court enforcement fee scale to reflect increased operating costs and regulatory expectations
- An increase of 24% to the debt value threshold at which the additional 7.5% fee can be applied at the Enforcement Stage and Sale Stage – from £1,000.00 to £1,200.00
- Provide clarity on when Enforcement Stage 2 fees may be recovered under the High Court enforcement fee scale, confirming that progression from Enforcement Stage 1 to Enforcement Stage 2 is not automatic
- Amendments to explicitly prohibit creditors receiving any additional payments, incentives or profit-sharing linked to enforcement fees charged by enforcement agents
Together, these changes are intended to improve fairness, transparency and consistency, while ensuring enforcement remains viable and proportionate for all parties.
Though change can be daunting, 2026 presents a clear opportunity to align regulation with modern practice and to reinforce the sector’s commitment to fair, ethical, and proportionate enforcement.
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E: BD@courtenforcementservices.co.uk
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