Fur Farming (Compensation Scheme) (England) Order 2002

PART VII— QUALIFYING CONTRACTUAL LIABILITY

Compensation for qualifying contractual liability

17.  Subject to paragraph 18 below, the amount payable to an entitled applicant in respect of any qualifying contractual liability sustained by him shall be either—

(a) the amount of any judgment or arbitral award made against an entitled applicant in respect of any contractual liability sustained by an entitled applicant as a result of having ceased, by reason of the enactment or coming into force of section 1 of the Act, to carry on a qualifying business; or

(b) the amount of any reasonable settlement made by an entitled applicant in respect of a claim against him for such contractual liability.

18.—(1) No payment shall be made to an entitled applicant in accordance with paragraph 17 above—

(a) subject to sub-paragraph (2) below, in respect of any liability to an associate of the entitled applicant;

(b) where the liability was incurred under a contract which was entered into after 2nd March 1999;

(c) to the extent that any judgment or arbitral award made against an entitled applicant would be unenforceable in England;

(d) to the extent that the liability is recoverable from any other source.

(2) The Minister may, if she thinks fit in an appropriate case, waive any exclusion that would otherwise operate by virtue of sub-paragraph (1)(a) above.