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SCHEDULES

SCHEDULE 8Indemnities

Recovery of indemnity by registrar

10(1)Where an indemnity under this Schedule is paid to a claimant in respect of any loss, the registrar is entitled (without prejudice to any other rights he may have)—

(a)to recover the amount paid from any person who caused or substantially contributed to the loss by his fraud, or

(b)for the purpose of recovering the amount paid, to enforce the rights of action referred to in sub-paragraph (2).

(2)Those rights of action are—

(a)any right of action (of whatever nature and however arising) which the claimant would have been entitled to enforce had the indemnity not been paid, and

(b)where the register has been rectified, any right of action (of whatever nature and however arising) which the person in whose favour the register has been rectified would have been entitled to enforce had it not been rectified.

(3)References in this paragraph to an indemnity include interest paid on an indemnity under rules under paragraph 9.