Q&As

Where an equitable charge registered pursuant to a charging order following a money judgement has been registered for over 12 years without the beneficiary seeking to enforce the charge or seek an order for sale, will it now been unenforceable under the Limitation Act 1980?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2019

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where an equitable charge registered pursuant to a charging order following a money judgement has been registered for over 12 years without the beneficiary seeking to enforce the charge or seek an order for sale, will it now been unenforceable under the Limitation Act 1980?

Where an equitable charge registered pursuant to a charging order following a money judgement has been registered for over 12 years without the beneficiary seeking to enforce the charge or seek an order for sale, will it now been unenforceable under the Limitation Act 1980?

Section 24(1) of the Limitation Act 1980 (LA 1980) provides that an action cannot be brought on any judgment after the expiration of six years from the date on which the judgment became enforceable, unless an extension is granted on application by the judgment creditor.

However, the enforcement of charging orders does not appear to be affected by this provision and may be enforced after it is made despite a lapse in time. Such enforcement can be

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