Berliner Industriebank Aktiengesellschaft v Jost: 1971

The distinction ‘between the right to sue on a judgment (which is a substantive right) and the right to issue execution under it (which is a procedural right or remedy) has always been recognised in the law of limitation.’

Judges:

Brandon J

Citations:

[1971] 1 QB 278

Jurisdiction:

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: . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 24 November 2022; Ref: scu.223040