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Regulation 5 Determination of claims

Original text. Later amendments are not shown.

(1)

If the Secretary of State determines that a claim meets the conditions of regulation 3 and that the claimant has complied with the requirements of regulation 4 in respect of it, the Secretary of State must—

(a)

determine what compensation, if any, it would be just for the claimant to receive in respect of its claim,

(b)

send the claimant written notice of that determination, and

(c)

pay that compensation to the claimant.

(2)

In making a determination under paragraph (1), the Secretary of State must have regard to—

(a)

the extent of the loss or damage suffered by the claimant,

(b)

the extent to which that loss or damage was a direct consequence of a relevant act,

(c)

any steps that the claimant—

(i)

has taken or proposes to take, or

(ii)

could reasonably have been expected to take,

to avoid or mitigate that loss or damage,

(d)

the extent to which the evidence provided by the claimant in support of its claim is complete, coherent and accurate, and

(e)

where the evidence provided by the claimant in support of its claim is not complete, coherent and accurate, the extent to which the absence of such evidence is justifiable.