An action may be brought on a judgment to enforce it, if it is still within the relevant limitation period: ‘Suing on a judgment, at all events for the first time, cannot be said to defeat legislative policy. That is plain from the very language of section 24 . . Here the second action was, of course, brought within that limitation period. There are two relevant ways of enforcing a judgment: by execution and by action. It is plain that the Court will not give judgment in an action on a judgment unless satisfied that the action does not constitute an abuse of process, having regard, amongst other things, to the availability of execution. It would, in my judgment, be for a defendant (or a person in the position of defendant) to show that a second action did constitute an abuse of process; the primary obligation is not that of a plaintiff to justify the bringing of further proceedings. Because, in the event of abuse of process, the Court may intervene and refrain from giving judgment in the second action, it cannot be said that a second action proceeds without judicial scrutiny, even if the second action is a matter of right and not discretion. Of course, it favoured the applicant in the present proceedings that it was a matter of discretion, even though, when he came to exercise it, he exercised it against the applicant. The authorities to which our attention has been drawn show that the Courts have always held the bringing of the second action to be a matter of right, and in my judgment that is what it is . . ‘
Judges:
Leggatt, Morritt and Brooke LJJ
Citations:
Times 09-Aug-1996, Unreported, 17 July 1996
Jurisdiction:
England and Wales
Citing:
Appeal from – E D and F Man (Sugar) Ltd v Haryanto ChD 24-Nov-1995
Enforcement by judgment on co-ordinate jurisdiction judgment is discretionary: ‘ . . having regard to the decision in Re A Debtor [1977] Ch 310 that s 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of . .
Cited by:
Appealed to – E D and F Man (Sugar) Ltd v Haryanto ChD 24-Nov-1995
Enforcement by judgment on co-ordinate jurisdiction judgment is discretionary: ‘ . . having regard to the decision in Re A Debtor [1977] Ch 310 that s 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of . .
Cited – Bennett v The Governor and Company of the Bank of Scotland CA 23-Jul-2004
The bank had obtained judgment against the defendant, but had failed to act upon it, and the judgment became unenforceable. It then began later proceedings on the original debt (still within the applicable limitation period). The defendant said this . .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 09 June 2022; Ref: scu.199355
