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International Transport Conventions Act 1983

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This is the original version (as it was originally enacted).

4Power of court to take account of other proceedings

(1)A court before which proceedings are brought to enforce a liability which is limited by any of the provisions of the Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of those provisions and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.

(2)Without prejudice to subsection (1) above, a court before which proceedings are brought to enforce a liability which is limited as aforesaid shall, where the liability is or may be partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

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