Source: All England Reporter
Publisher Citation: [2002] All ER (D) 453 (Jul)
Court: Queen's Bench Division
Judge:

Jack J

Representation John Crosfill (instructed by Banharally & Co) for the claimant.
  Dermot Woolgar (instructed by Roebuck & Co) for the defendant.
Judgment Dates: 30 July 2002

Catchwords

Limitation of action - Action on judgment - Action - Claimant seeking to enforce judgment after 10 years - Whether execution of judgment barred after six years - RSC Ord 46, r 2(1).

The Case

Time ought not to be extended under RSC Ord46, r2(1), in circumstances where the six years had expired, save where it was demonstrably just to do so. That did not mean that it simply had to be just, since demonstrably indicated a stronger meaning, such as plainly just.

Practice Areas

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