Corporate insolvency proceedings based on a statutory demand for monies due under a previous judgment are an ‘action on a judgment’ within s 24 rather than a method of enforcing or executing the judgment. They are barred by s 24 if brought more than six years after the judgment was obtained. S 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of bankruptcy proceedings, based on an earlier judgment.
Judges:
HHJ Paul Baker QC
Citations:
[1977] Ch 310
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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: 12 December 2022; Ref: scu.199356