Child Maintenance and Enforcement Commission v Mitchell & Anor

Child Maintenance and Enforcement Commission v Mitchell & Anor

The Limitation Act 1980 does not bar an application under section 39A of the Child Support Act 1991 because such an application is not an action to recover a sum of money but is for enforcement by committal or driving disqualification, which are not proceedings for money claims.

Parties
Appellant: Child Maintenance and Enforcement Commission; Respondent: David Mitchell; Interested Party: Sonia Clements
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Child Maintenance, Limitation Periods, Enforcement of Judgments
Family Law Civil Procedure Child Maintenance Limitation Periods Enforcement of Judgments

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Parties

Child Maintenance and Enforcement Commission

Appellant

David Mitchell

Respondent

Sonia Clements

Interested Party

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Does the Limitation Act 1980 bar an application under section 39A of the Child Support Act 1991 for committal or driving disqualification?
  2. 2 Is an application under section 39A an 'action to recover any sum recoverable by virtue of any enactment' within section 9 of the Limitation Act 1980?

Ratio Decidendi

The Limitation Act 1980 does not bar an application under section 39A of the Child Support Act 1991 because such an application is not an action to recover a sum of money but is for enforcement by committal or driving disqualification, which are not proceedings for money claims.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Vincent set aside
  • Application under section 39A not statute barred by Limitation Act 1980