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Removal of Exequatur in England and Wales

Kennett, Wendy 2016. Removal of Exequatur in England and Wales. Presented at: 24th Conference Corporate Entities at the Market and European Dimensions, Portorož, Slovenia, 19–21 May 2016. Published in: Rijavec, Vesna ed. 24th Conference Corporate Entities at the Market and European Dimensions. Maribor, Slovenia: University of Maribor Press, pp. 73-84. 10.18690/978-961-286-004-2.6

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Abstract

The law relating to the enforcement of judgments in England and Wales is complex: a complexity deriving from the lack of any overall supervision of the procedure. Enforcement tasks are divided between solicitors, judges and other court officers, and independent enforcement agents, and are moreover allocated to two different court systems: the High Court and the County Court. For the creditor who is not experienced in English enforcement law, it may be difficult to know where to get good advice. In addition, information about debtors’ assets is not easy to obtain. In the light of these considerations, the amendments to English law that have been introduced to implement the Brussels I Regulation (recast) – removing the previously centralised procedure for registration of foreign judgments and directing creditors to choose among these diffuse enforcement procedures – do not seem to be an unalloyed improvement in the system of cross-border enforcement.

Item Type: Conference or Workshop Item (Paper)
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Publisher: University of Maribor Press
ISBN: 978-961-286-004-2
Funders: EU
Date of First Compliant Deposit: 12 June 2017
Last Modified: 07 Aug 2019 14:38
URI: http://orca-mwe.cf.ac.uk/id/eprint/101365

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