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.’
Brandon J
[1971] 1 QB 278
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: . .

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Updated: 09 May 2021; Ref: scu.223040