Part 4

Consumer rights and disputes
Chapter 1

Protection from unfair trading

Consumers’ rights of redress relating to unfair commercial practices

Enforcement of rights of redress
234
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.
S. 234 not in force at Royal Assent, see s. 339(1)