Peter Hungerford-Welch, associate dean, The City Law School, City University London. www.city.ac.uk/law
Yorkshire Bank Finance Ltd v Mulhall [2008] EWCA Civ 1156, [2008] All ER (D) 241 (Oct)
The enforcement of a charging order by normal means is not barred by s 20(1) of the Limitation Act 1980 and, unlike the position under a legal mortgage, the creditor’s rights are not barred after 12 years, because the holder of a charging order does not have a right to possession such that time can run against it under s 15, and extinction of title cannot therefore occur under s 17.
