ABSTRACT

This chapter aims to investigate the diversity of non-bankruptcy debt recovery procedures in English law, with particular emphasis upon debts owed by individuals. It examines developments in debt enforcement procedures in English law. The chapter focuses on recovery of unsecured debt with the aid of the court. It describes comment on the anomaly of self-help remedies (such as distress). The chapter argues that many of the English law procedures under consideration are available to foreign creditors without discrimination. This point is important with the growth of cross-border lending. Debt enforcement procedures have, in the past, always been a source of grievance, capable of generating social disorder. A perusal of the current procedures would reveal a lack of consistency and an abundance of anomaly. The chapter examines complex issues that can arise with regard to the cross-border enforcement of judgments.