CCJs Thoughts

[JustAboutMad]

Re: CCJs Thoughts

So if I'm following this correctly according to Ridgeway vs ALTS

Judgements fell under the Real Property Limitation Act 1874, in which the limitation period for actions on a judgment was 20 years, this was then reduced to the period of 12 years in the 1939 Act.

Then in 1977....

B. Report of the Law Reform Committee

1. The legal position under the 1939 Act was considered in a report of the Law Reform Committee in July 1977. The Committee consisted of distinguished common, chancery and academic lawyers. The following recommendation was made (followed by implementation in the Limitation Amendment Act 1980 and re-enactment in s24(1) of the consolidating 1980 Act):
   "4.16 ….that the special 12-year period for an action on a judgment should be abolished and the normal six-year period should apply instead."
2. In interpreting s24(1) the court is not entitled to take into account the committee's recommendations acted on by Parliament in the subsequent legislation, but it is entitled to have regard to the statements contained in the report of the mischief aimed at and of the state of the law as it was then understood to be by the Committee: Black-Clawson Ltd v. Papierwerke AG [1975] AC 591
3. The Committee noted in paragraph 4.13 that
   " Until 1852, an action on a judgment was the simplest way in which a judgment creditor could recover his money after a year and a day had elapsed since the judgment; and a judgment was, until 1864, chargeable per se on, and payable out of, the proceedis of sale of real property. In view of this latter rule it is understandable that the period for an action on a judgment has since 1833 been the same as that for an action relating to land. Actions on a judgment are, however, nowadays very rare indeed and we do not think that the special provisions for judgments should be preserved."
   

So basically the above is saying as of 1980, the Limitations Act means statute barred now applies to debts after 6 years instead of 12, but since actions on judgements are rare there is no need for any special provision for them!

FFS so where does the enforement within 6 years come from?

In the case of Yorkshire Bank Finance Ltd v Mulhall (2007) there had been no attempt to enforce the order in about 16 years but they still wouldn't set it aside. Is this because she applied to have it set aside oppose to they applied to enforce?

[CleverClogs (RIP)]

Re: CCJs Thoughts

This is the age-old work creation scheme - juxta legem fit complexus, tanto adipes erunt iudices, as Marcus Tullius Cicero might have said.