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WT Lamb and Sons v Rider: CA 1948

An interlocutory order is generally not regarded as final in the sense of barring a further application on the ground of res judicata: ‘Execution is essentially a matter of procedure – machinery which the Court can, subject to the rules from time to time in force, operate for the purpose of enforcing its judgments or orders.’ The right to sue on a judgment is a matter quite distinct from the right to issue execution under it.

Judges:

Scott LJ and Romer J

Citations:

[1948] 2 KB 331, [1948] 2 All ER 402

Statutes:

Limitation Act 1939

Jurisdiction:

England and Wales

Cited by:

AppliedNational Westminster Bank v Powney CA 1990
The limitation period has nothing to do with the procedural machinery of enforcing a judgment when one was obtained. . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Limitation

Updated: 18 June 2022; Ref: scu.384112

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