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County Courts Act 1984

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Changes over time for: Section 49

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Version Superseded: 22/04/2014

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Point in time view as at 01/10/2007. This version of this provision has been superseded. Help about Status

Changes to legislation:

County Courts Act 1984, Section 49 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

49 Bankruptcy of plaintiff.E+W

(1)The bankruptcy of the plaintiff in any action in a county court which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.

(2)The hearing of the action may be adjourned until such an election is made.

(3)Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

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