OpenLegislation

Section 108 Civil consequences of failure to disclose name and status

Not yet in force

(1)

This section applies to any legal proceedings brought by a CIO to enforce a right arising out of a contract or conveyance in connection with which there was a failure to comply with section 107.

(2)

The proceedings shall be dismissed if the defendant to the proceedings (“D”) shows—

(a)

that D has a claim against the CIO arising out of the contract or conveyance that D has been unable to pursue by reason of the failure to comply with section 107, or

(b)

that D has suffered some financial loss in connection with the contract or conveyance by reason of the failure to comply with that section,

unless the court before which the proceedings are brought is satisfied that it is just and equitable to permit the proceedings to continue.

(3)

This section does not affect the right of any person to enforce such rights as that person may have against another in any proceedings brought by that person.