Source: All England Reporter
Publisher Citation: [2005] All ER (D) 142 (Nov)
Neutral Citation: [2005] EWHC 2491 (Comm)
Court: Commercial Court
Judge:

Morison J

Representation Stephen Robins (instructed by Society of Lloyd's) for the claimant.
  Patricia Robertson (instructed by TLT Solicitors) for the defendant.
Judgment Dates: 10 November 2005

Catchwords

Execution - Leave to issue execution - Application - More than six years after judgment - Judgment against Lloyd's name based overseas - Whether special factors justifying execution six years after judgment.

The Case

The legal test for obtaining a writ of execution more than six years after a judgment was given was whether there were facts which took the case out of the general rule that execution would not be allowed after six years. The exercise of that discretion had to be directed to doing justice between the parties, having regard to all the circumstances of the case. In the instant case, involving judgment against a Lloyd's name based overseas, there were factors taking it out of the ordinary.

Practice Areas

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