Re Overmark Smith Warden Ltd: ChD 1982

An ordinary creditor’s cause of action for non-payment of a contract debt is barred after the expiration of 6 years from the date of the accrual of his cause of action. He is then no longer a creditor of the company and is neither entitled to present a winding up petition nor to prove for the statute barred debt in the liquidation.


Slade J


[1982] 1 WLR 1195


Companies Act 1948 257(1), Limitation Act 1939 2(1)(a)


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, Insolvency

Updated: 09 May 2022; Ref: scu.223041