Schedule 8A, Part 9, paragraph 40(3)

Sub-paragraphs (1) and (2) do not apply where— an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of loss or damage which arises from the infringement, that undertaking is (or, if there is more than one, those undertakings are) unable to pay damages corresponding to the outstanding amount of the settling complainant’s claim, and the settling infringer’s liability for that amount is not expressly excluded by the terms of the consensual settlement.

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Source: legislation.gov.uk · retrieved 2026-09-04