UK Legal Framework for Creditors | Debt Recovery Laws

The UK Legal Framework for Creditors #

Key Legislation #

The main laws protecting creditors include:

  • Late Payment of Commercial Debts (Interest) Act 1998
  • Companies Act 2006
  • Insolvency Act 1986
  • Enterprise Act 2002
  • Limitation Act 1980

Payment Terms Legislation #

The law provides framework for payment terms:

  • Maximum 60-day payment terms unless expressly agreed
  • 30-day terms for public sector contracts
  • Right to interest after term expiry
  • Prohibition of unfair payment terms

Debt Recovery Framework #

Legal processes available include:

  • County Court claims
  • High Court enforcement
  • Statutory demands
  • Insolvency proceedings
  • Alternative dispute resolution

Insolvency Framework #

The insolvency regime provides:

  • Defined order of creditor priority
  • Protected actions and transactions
  • Collective procedures
  • Administrator/liquidator duties
  • Creditor participation rights

Commercial Law Protection #

General commercial law provides:

  • Contract formation rules
  • Breach of contract remedies
  • Specific performance options
  • Damages calculations
  • Set-off rights

Regulatory Framework #

Additional protection through:

  • Financial Conduct Authority regulations
  • Prompt Payment Code
  • Small Business Commissioner
  • Industry-specific regulations
  • Professional standards