Sch 10 para 4
(1) In this paragraph “ statement ” has the same meaning as in paragraph 2. (2) A person does not incur liability under section 90(1) for loss caused by a statement if he satisfies the court— (a) that before the securities in question were acquired, the fact that the expert was not competent or had not consented had been published in a manner calculated to bring it to the attention of persons likely to acquire the securities; or (b) that he took all such steps as it was reasonable for him to take to secure such publication and reasonably believed that it had taken place before the securities were acquired. (3) Nothing in this paragraph is to be taken as affecting paragraph 2.