header-logo header-logo

29 October 2009
Issue: 7391 / Categories: Legal News , ADR
printer mail-detail

EU credit enforcement

Debtors moving to other EU states could have their earnings raided by creditors, while organisations throughout the EU could share information on individuals with bad credit ratings, Lord Bach has envisaged.

In a speech to the Law Society conference for the European Day of Civil Justice last week, “Dispute Resolution: practical assistance on navigating the cross-border civil justice landscape”, justice minister Lord Bach set out his vision of future cross-border credit enforcement laws.

It was now easier for creditors to obtain an enforceable court decision, but nothing had yet been done to help them in the enforcement process itself, he said.

The fact creditors had to use national procedures to enforce judgments, and did not know how long it would take or how much it would cost, created a barrier to the internal market. Language provided another hurdle, making it less attractive for a creditor to try to enforce lower value claims.

A Eurobarometer survey in April 2008 found that 82% of people thought it fairly, or very, important for the EU to intervene in the enforcement of civil court rulings involving payments in other member

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll