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Article 13 Liability of the creditor

United Kingdom

Original text. Later amendments are not shown.

1.

The creditor shall be liable for any damage caused to the debtor by the Preservation Order due to fault on the creditor’s part. The burden of proof shall lie with the debtor.

2.

In the following cases, the fault of the creditor shall be presumed unless he proves otherwise:

(a)

if the Order is revoked because the creditor has failed to initiate proceedings on the substance of the matter, unless that omission was a consequence of the debtor’s payment of the claim or another form for settlement between the parties;

(b)

if the creditor has failed to request the release of over-preserved amounts as provided for in Article 27;

(c)

if it is subsequently found that the issue of the Order was not appropriate or appropriate only in a lower amount due to a failure on the part of the creditor to comply with his obligations under Article 16; or

(d)

if the Order is revoked or its enforcement terminated because the creditor has failed to comply with his obligations under this Regulation with regard to service or translation of documents or with regard to curing the lack of service or the lack of translation.

3.

Notwithstanding paragraph 1, Member States may maintain or introduce in their national law other grounds or types of liability or rules on the burden of proof. All other aspects relating to the creditor’s liability towards the debtor not specifically addressed in paragraph 1 or 2 shall be governed by national law.

4.

The law applicable to the liability of the creditor shall be the law of the Member State of enforcement.

If accounts are preserved in more than one Member State, the law applicable to the liability of the creditor shall be the law of the Member State of enforcement:

(a)

in which the debtor has his habitual residence as defined in Article 23 of Regulation (EC) No 864/2007 of the European Parliament and of the Councilf1, or, failing that,

(b)

which has the closest connection with the case.

5.

This Article does not deal with the question of possible liability of the creditor towards the bank or any third party.

Annotations

Footnotes

f1

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40).