Examples of Barred Claim in a sentence
Unless you have a Barred Claim and Supervisors and Administrators determine that there will be no distribution in respect of Barred Claims, the Supervisors will write to you following receipt of your Claim Form and the Effective Date setting out whether your CVA Claim has been admitted or rejected in whole or in part, the Supervisors' determination of the value of your CVA Claim and the ranking of your CVA Claim.
Any CVA Claim submitted after the Bar Date that is not a Catch-up Claim will be a Barred Claim.
Clause 11 ( Ranking of CVA Claims) shall not apply to any Barred Claim which is treated as an Allowed Claim pursuant to this Clause 14 (Barred Claims) and such Barred Claim shall rank for Distribution in the Main Waterfall as a Barred Claim subject to Clause 23.1 (Specific provisions applicable to Disputed Claims).
As explained at Paragraph 25.2.3 ( Barred Claims) above, the Supervisors will adjudicate the amount of a Barred Claim in certain circumstances only.
Any CVA Claim which is not an Allowed Claim or a Barred Claim shall be treated as a Disputed Claim.
In the event that any person asserting a cause of action (a “Plaintiff”) obtains a judgment or arbitration award (a “Judgment”) against any Barred Person with respect to one or more causes of action based upon, arising from, or related to the facts, allegations, or transactions underlying any Barred Claim, then the Plaintiff shall, prior to or in connection with the entry of such Judgment, provide notice of this Bar Order to the court or tribunal in which such Judgment was obtained.
Such a decision should not be taken without first discussing with the other health professionals involved in the patient’s care, and the hospital’s legal adviser, and if possible, the DHSSPS.
If the court or tribunal so determines, it shall reduce such Judgment against such Barred Person in an amount equal to (a) the amount of the Judgment against any such Barred Person times (b) the aggregate proportionate share of fault (expressed as a percentage) of the Released Party or Parties that would have been liable on a Barred Claim in the absence of this Bar Order.
This Order (the “Bar Order”) is without prejudice to the position of any party asto the existence, in the absence of this Bar Order, of any Barred Claim.
If any Plaintiff enters into a settlement with any Person with respect to one or more causes of action based upon, arising from, or related to the Barred Claims or any transaction underlying any Barred Claim, then such Plaintiff shall cause to be included, and in all events, the settlement shall be deemed to include, a dismissal, release and waiver of any Barred Claims with respect to such settlement.