Section 6 Restriction on enforcement of claims after establishment of limitation fund.
United Kingdom
Where the court has found that a person who has incurred a liability under section 1 of this Act is entitled to limit that liability to any amount and he has paid into court a sum not less than that amount—
the court shall order the release of any ship or other property arrested in connection with a claim in respect of that liability or any security given to prevent or obtain release from such an arrest; and
no judgment or decree for any such claim shall be enforced, except so far as it is for costs (or, in Scotland, expenses);
if the sum paid into court, or such part thereof as corresponds to the claim, will be actually available to the claimant or would have been available to him if the proper steps in the proceedings under section 5 of this Act had been taken.
In the application of this section to Scotland, any reference (however expressed) to release from arrest shall be construed as a reference to the recall of an arrestment.
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12; (with s. 312(1), Sch. 14 para. 1)