Q&As

Is there a limitation period for the enforcement of a judgment and if so, what is it?

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Published on LexisPSL on 12/04/2017

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

  • Is there a limitation period for the enforcement of a judgment and if so, what is it?

Is there a limitation period for the enforcement of a judgment and if so, what is it?

Under section 24(1) of the Limitation Act 1980 (LA 1980), an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. Under LA 1980, s 38(1), ‘action’ includes any proceeding in a court of law, including an ecclesiastical court. 'Action' means a fresh action and not execution of the judgment (Lowsley v Forbes). Therefore, the enforcement of a judgment (including a winding-up or bankruptcy petition—see Ridgeway Motors (Isleworth) Ltd v ALTS Ltd) is not limited by LA 1980, s 24(1) and so is not statue-barred after six years.

However, the requirements of CPR 83.2 should not be overlooked. This requires the court’s permission for a writ of execution six or more years after the date of

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