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Version status: In force | Document consolidation status: No known changes
Version date: 29 November 2022 - onwards
Version 2 of 2

137. Application to court for declaration or injunction

(1) On an application by an authorised body for a declaration that a term of a consumer contract is unfair, the court may make an order -

(a) declaring that the term of the consumer contract is unfair,

(b) prohibiting the use or continued use in any consumer contract of such a term or similar terms of like object or effect, and

(c) imposing such other conditions as it considers appropriate, including in particular -

(i) a requirement that the trader publish a corrective statement, at the trader's own expense and in any manner the court considers appropriate, in respect of the matter which is the subject of the order, or

(ii) a requirement that the trader provide to each consumer who is party to the contract to which the order relates an amended contract which does not contain the term which has been declared to be unfair.

(2) On an application by an authorised body for a declaration as to the proper interpretation of a term drawn up for general use as a term of a consumer contract, the court may make such a declaration.