Part 7Keeper's warranty

Claims under warranty

I179Claims under warranty: quantification of compensation

1

Compensation payable by virtue of section 77(1)—

a

is, in so far as it is not compensation mentioned in paragraph (b), to be quantified as at the date on which the inaccuracy giving rise to the claim is rectified, and

b

is to include—

i

reimbursement of reasonable extra-judicial legal expenses, and

ii

compensation for any other consequential loss.

2

Interest on a sum so payable runs from the date mentioned in subsection (3) until the sum in question is paid.

3

The date is—

a

where the sum is payable other than by virtue of subsection (1)(b), the date mentioned in subsection (1)(a),

b

where the sum is payable by virtue of subsection (1)(b)(i), the date on which the claimant paid the sum in question, and

c

where the sum is payable by virtue of subsection (1)(b)(ii), the date on which the loss was sustained.

4

The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (2).