Q&As

A debtor has been paying a judgment debt off in instalments but the payments stopped six years after judgment. Is the court’s permission required to enforce the judgment as it is over six years old?

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Published on LexisPSL on 04/05/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • A debtor has been paying a judgment debt off in instalments but the payments stopped six years after judgment. Is the court’s permission required to enforce the judgment as it is over six years old?
  • Limitation issues when enforcing a judgment
  • Judgments payable in instalments
  • Options for enforcement

Limitation issues when enforcing a judgment

Section 24(1) of the Limitation Act 1980, provides that an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

However, as seen in Commentary: Restrictions on application of the Limitation Act 1980: Halsbury's Laws of England [918], this time limit is concerned with actions on judgments, rather than issuing execution of a judgment:

‘Despite the wide definition of 'claim' contained in s 38(1), the time limit on enforcement of judgments set out in s 24 only applies to the enforcement of judgments by suing on them and does not apply to the issue of executions on judgments for which leave of the court is required, after six years have elapsed, by CPR Sch 1 RSC Ord 46 r 2(1)(a): see WT Lamb & Sons v Rider; applied in Lowsley v Forbes (t/a LE Design Services)

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