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The Control of Misleading Advertisements Regulations 1988

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Functions of the Court

6.—(1) The court on an application by the Director may grant an injunction on such terms as it may think fit but (except where it grants an interlocutory injunction) only if the court is satisfied that the advertisement to which the application relates is misleading. Before granting an injunction the court shall have regard to all the interests involved and in particular the public interest.

(2) An injunction may relate not only to a particular advertisement but to any advertisement in similar terms or likely to convey a similar impression.

(3) In considering an application for an injunction the court may, whether or not on the application of any party to the proceedings, require any person appearing to the court to be responsible for the publication of the advertisement to which the application relates to furnish the court with evidence of the accuracy of any factual claim made in the advertisement. The court shall not make such a requirement unless it appears to the court to be appropriate in the circumstances of the particular case, having regard to the legitimate interests of the person who would be the subject of or affected by the requirement and of any other person concerned with the advertisement.

(4) If such evidence is not furnished to it following a requirement made by it under paragraph (3) above or if it considers such evidence inadequate, the court may decline to consider the factual claim mentioned in that paragraph accurate.

(5) The court shall not refuse to grant an injunction for lack of evidence that—

(a)the publication of the advertisement in question has given rise to loss or damage to any person; or

(b)the person responsible for the advertisement intended it to be misleading or failed to exercise proper care to prevent its being misleading.

(6) An injunction may prohibit the publication or the continued or further publication of an advertisement.

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