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Reasons for restraining Presentation
Reasons for restraining Presentation
There are five reasons presented by the Applicant for restraining presentation of a petition:
That the judgment debt is time-barred;
That it is unclear if there was acknowledgment within the limitation period;
There is a substantial dispute as to whether the judgment debt has been satisfied;
The solvency of the Applicant;
The appropriateness of an injunction.
- Heading
- Introduction
- Basic Principles
- The Background
- Reasons for restraining Presentation
- Limitation point
- What Limitation Regime applies to a foreign judgment?
- The statutory regime
- The Administration of Justice Act 1920 (“ the 1920 Act ”)
- Foreign Judgments (Reciprocal Enforcement) Act 1933 (“ the 1933 Act ”)
- The Common Law Regime
- Status of unregistered/unrecognised foreign Judgment
- Limitation
- Acknowledgement
- Satisfaction
- Stay
- Abuse of Process
- Conclusions