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Response to Acknowledgements/MJOs

from Guy Skipwith (guy.skipwith@nacab.org.uk)
Hi

What Mark posted is correct.

The case of Lowesy v Forbes (CA (and afirmed by the HL, I think) clearly stated that once a money judgment has been obtained, LA '80 does not apply to the enforcement of that judgment unless further "action" is taken. Further "action" means taking further proceedings - e.g. issuing a bankruptcy petition.

The only restrictions on enforcement are in the Civil Procedure rules (CPR)and, as Mark says, only relate to execution against goods (i.e. the Cty Ct bailiff or High Ct sherrif)where the judgment is more than 6 years old. Where the judgment is more than 6 years old, leave of the ct must be obtained before execution against goods can procede.

However, a ct can make a judgment subject to whatever terms and conditions it choses - and in your case it may have ordered that there be no enforcement of the judgment without leave of the court. T

If this is what happened, it would explain the judge's comments that ME would have to go back to court before enforcing the judgment.

Do you have a copy of the money judgment? This might help.

All the best

Guy

(posted 7893 days ago)

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