Judgment debt

Ridgeway Motors (Isleworth) Ltd v ALTS Ltd [2005] EWCA Civ 92; Lawtel 10 February

The appellant company applied to strike out a winding-up petition based on a judgment on the basis that it was statute-barred by s24(1) of the Limitation Act 1980. The respondent petitioner had taken an assignment of a costs judgment against the company, which had become enforceable when the costs were taxed in January 1998. The petitioner did not present a petition until February 2004, after the six-year period had expired. The company applied to strike out the petition on the ground that it was an action on a judgment within s24(1) and s38(1) of the Limitation Act 1980 to which a six-year limitation period applied.