Section 308(3)

If— the property ceases to be recoverable. in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant, the claimant’s claim is based on the defendant’s unlawful conduct, and apart from this subsection, the sum received, or the property obtained, by the claimant would be recoverable property, In relation to Scotland, “claimant” and “defendant” are to be read as “pursuer” and “defender”.

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