HC Deb 19 October 1981 vol 10 c62

'Any legal proceedings brought by any person to whom section 28 of this Act applies to enforce any right arising out of a contract made in the course of a business in respect of which he was at the time the contract was made in breach of subsection (1) or (2) of section 29 of this Act shall be dismissed if the defendant to the proceedings shows—

  1. that he has a claim against the plaintiff arising out of that contract which he has been unable to persue by reason of the plaintiff's breach of section 29(1) or (2); or
  2. that he has suffered some financial loss in connection with the contract by reason of the plaintiff's breach of section 29(1) or (2):
unless the court before which the proceedings are brought is satisfied that it is just and equitable to permit the proceedings to continue.

This section is without prejudice to the right of any person to enforce such rights as he may have against another person in any proceedings brought by that person.'.—[Mr. Eyre.]

Brought up, read the First and Second time, and added to the Bill.

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