Part I Prescription
Negative Prescription
F113ABurden of proof
(1)
This section applies in relation to—
(a)
an obligation to which a prescriptive period under section 6, 7 or 8A applies, and
(b)
a right to which the prescriptive period under section 8 applies.
(2)
If a question arises as to whether the obligation or right has been extinguished by the expiry of the applicable prescriptive period, it is to be presumed that the obligation or right has been so extinguished unless the contrary is proved by the creditor.