Lowsley v Forbes (t/a L.E. Design Services)
| Jurisdiction | England & Wales |
| Judge | Evans,Saville,Morritt L JJ. |
| Judgment Date | 05 April 1996 |
| Court | Court of Appeal (Civil Division) |
| Date | 05 April 1996 |
Court of Appeal
Practice - enforcement of judgments - limitation period does not apply
The enforcement of a judgment did not become barred by lapse of time under section 24(1) of the Limitation Act 1980 nor was the amount of interest recoverable limited by section 24(2) of that Act.
The Court of Appeal (Lord Justice Evans, Lord Justice Saville and Lord Justice Morritt) so held on March 21, dismissing an appeal by the defendant, James Moffatt Forbes, trading as L E Design Services, against orders of Mr Justice Tuckey dated September 29, 1992 and May 26, 1995 including a garnishee order and charging orders nisi in the sum of £184,199.19 and a declaration that the defendant was indebted to the plaintiffs in the sum of £52,493.32 including interest.
LORD JUSTICE SAVILLE said the court was bound by National Westminster Bank v PowneyELR ([1991] Ch 339) to hold that the statutory time limit under the Limitation Act applied only to the...
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