Replevin – Repeal or Retain?

In the light of the current Green Paperproposing extensive reform of bailiff'slaw in England and Wales, this article weighsup the arguments for and against retaining themedieval remedy of replevin (a processfor the summary recovery of goods seized indistraint and the subsequent trial of thelegality of their seizure). The common law andstatutory provisions are reviewed and compared.It is concluded that there is no need to retainreplevin, as the statutory procedure availablein cases of wrongful interference withgoods provide equivalent remedies, without anyof the procedural and costs disadvantages ofreplevin.