Part 3Enforcement of consumer protection law
Chapter 3Consumer protection orders and undertakings
Miscellaneous
178Substantiation of claims
(1)
This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a contravention of Chapter 1 of Part 4 (protection from unfair trading).
(2)
The court may, for the purpose of considering the application, require a respondent to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of the respondent.
(3)
The court may find that a factual claim of a respondent is inaccurate if—
(a)
the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or
(b)
the court considers that any such evidence that is provided is inadequate.
(4)
In this section “respondent”, in relation to an application for a consumer protection order, means—
(a)
where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought;
(b)
where the application is for an online interface order or an interim online interface order, the person against whom the order is sought or another person who is a party to the proceedings.