Berkeley v Elderkin: 1853

An action in the High Court on a debt proved in the County Court did not lie: ‘But where a specific remedy is provided for the recovery of such damages or sums of money, this mode of proceeding cannot be resorted to, as in the case of the new County courts, on the judgments of which an action will not lie.’
[1853] 1 El and Bl 805
England and Wales
Cited by:
CitedRidgeway Motors (Isleworth) Ltd v Alts Ltd CA 10-Feb-2005
The company appelaed a refusal of the judge to strike out a winding up petition. They said the petition was based upon a judgment which was now time barred. The petitioner replied that such a petition was not an action under the section.
Held: . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.223042