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StatuteTribunals, Courts and Enforcement Act 2007

Section 112O — Tribunals, Courts and Enforcement Act 2007: Existing county court proceedings to be stayed

Text of the provision Official document

Existing county court proceedings to be stayed 112O 1 This section applies if these conditions are met—

a an administration order is made;

b proceedings in the county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;

c by virtue of a requirement included in the order by virtue of section 112G, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;

d the county court receives notice of the administration order.

2 The county court must stay the proceedings.

3 The court may allow costs already incurred by the creditor.

4 If the court allows such costs, it may on application or of its motion add them—

a to the debt, or b if the debt is a scheduled debt, to the amount scheduled to the order in respect of the debt.

5 But the court may not add the costs under subsection (4)(b) if the court is under a duty under section 112U(6)(b) to revoke the order because the total amount of the debtor's qualifying debts (including the costs) is more than the prescribed maximum.

Official source: legislation.gov.uk

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Statutory text from an official public source. Informational content — does not replace advice from a qualified solicitor.