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Judgments on judgments

08 January 2016
Issue: 7681 / Categories: Case law , Judicial line , In Court
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My understanding is that there is no time limit on the enforcement of a money judgment but that a fresh action based on a money judgment is subject to a six-year limitation period. Apart from securing interest on the judgment which would not otherwise be payable, I cannot conceive of any reason why the judgment creditor would wish to bring a fresh action. Is there one?

The Limitation Act 1980, s 24 bars an action to enforce a judgment which became enforceable more than six years previously. However, this bar relates only to enforcement by “a fresh action”; enforcement by way of a charging order, an attachment of earnings order or bankruptcy proceedings are not caught by s 24. The advantage is that, for example, where a judgment has not been satisfied after five years, the judgment creditor could issue a second claim based on the original judgment and thereby start the six-year clock for enforcement running afresh. This might be useful if the judgment debtor has gone missing or, as the first six years are approaching, the judgment creditor does not consider that enforcement

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