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Part 4U.K.Consumer rights and disputes

Chapter 1U.K.Protection from unfair trading

Consumers’ rights of redress relating to unfair commercial practicesU.K.

Prospective

234Enforcement of rights of redressU.K.

(1)A consumer with a right to unwind, a right to a discount or a right to damages by virtue of regulations under section 233 may bring a claim in civil proceedings to enforce that right.

(2)In Scotland, proceedings to enforce a right to unwind may be brought before the Sheriff or the Court of Session.

(3)If in proceedings under this section the consumer establishes that the consumer has one of the rights mentioned in subsection (1), the court must make an order that gives effect to—

(a)that right, and

(b)any associated obligations of the consumer imposed by regulations under section 233.

(4)The Limitation Act 1980 applies to a claim under this section in England and Wales as if it were an action founded on simple contract.

(5)The Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) applies to a claim under this section in Northern Ireland as if it were an action founded on simple contract.

Commencement Information

I1S. 234 not in force at Royal Assent, see s. 339(1)