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Judicial Factors (Scotland) Act 2025
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27Claims arising from acts or omissions of judicial factor
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(1)This section applies where a claim for damages arises as a result of the acts or omissions of—
(a)a judicial factor, in the capacity of judicial factor,
(b)an agent appointed, or person employed, by the judicial factor to carry out the business of the judicial factory.
(2)Any action to enforce a claim must be brought against the judicial factor in that capacity.
(3)Any damages awarded in respect of, or liability (including the expenses of the proceedings) arising from, the claim fall to be met out of the factory estate unless the court—
(a)finds that the liability arose by virtue of a breach of duty on the part of the judicial factor, and
(b)considers it appropriate that the judicial factor be found personally liable for all, or some part of, the liability.
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