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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

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