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12(1)A person who makes a disputed claim may bring an action for it; and paragraph 10(2) does not apply in relation to any sum paid in pursuance of a judgment or order made by a court in the proceedings.U.K.
(2)In this paragraph “disputed claim” means a relevant claim that—
(a)is sent as mentioned in paragraph 10(1)(a) and (b), but
(b)is not paid before the end of the period allowed under paragraph 10(2).
(3)A person to whom a disputed claim is sent may make an application to the appropriate court for leave for it to be paid after the end of the period allowed under paragraph 10(2); and the appropriate court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
(4)In this paragraph “appropriate court” has the same meaning as in paragraph 11.
(5)Paragraph 10(2) does not apply in relation to any sum paid in pursuance of an order of leave granted under sub-paragraph (3).
(6)The jurisdiction conferred by sub-paragraph (3) on the Court of Session or the sheriff may be exercised in such manner as is prescribed by Act of Sederunt; and any order made by the sheriff by virtue of that sub-paragraph may be appealed to the Court of Session.
(7)Article 60 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (appeals from county courts) applies in relation to an order of a county court in Northern Ireland made by virtue of sub-paragraph (3) as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
Commencement Information
I1Sch. 3 para. 12 in force at 4.3.2016 by S.I. 2016/290, reg. 2
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