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29 October 2009
Issue: 7391 / Categories: Legal News , ADR
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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