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Article 44 Debts depending on contingencyI1

Scotland

(1)

Subject to paragraph (2), the amount which a creditor shall be entitled to claim shall not include a debt in so far as its existence or amount depends upon a contingency.

(2)

On an application by the creditor to the postal administrator, the postal administrator shall put a value on the debt in so far as it is contingent, and the amount in respect of which the creditor shall then be entitled to claim shall be that value but no more; and, where the contingent debt is an annuity, a cautioner may not then be sued for more than that value.

Annotations

Commencement

I1

Rule 44 in force at 1.10.2016, see rule 1