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Judgments Enforcement (Northern Ireland) Order 1981

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Liability of persons applying for enforcementN.I.

135.—(1) Save as provided in Article 53(2) and Article 119(2) and (3), and subject to paragraphs (2) and (3), a person applying for enforcement of a judgment under this Order shall not be liable for anything done or omitted to be done by the Office or any member thereof or by any constable in the performance or purported performance of any function conferred by this Order or by rules unless that thing was done or omitted to be done as a result of any information given by the person applying for enforcement which—

(a)that person knew to be incorrect; or

(b)was incorrect and was given by that person recklessly or maliciously.

(2) It shall be the duty of a person applying for the enforcement of a judgment under this Order to inform the Office forthwith if, before the application for enforcement is disposed of, he receives or is paid any moneys for or on account of the amount recoverable on foot of the judgment.

(3) Failure to comply with paragraph (2) shall render the person liable in damages at the suit of the debtor, and the Office may dismiss the application for enforcement without prejudice to the person's right to make a fresh application.

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