Consumer Protection (Fair Trading) Act 2003 · 2020 Revised Edition · Part 3 · Additional Consumer Rights in Respect of Non-Conforming Goods
18. Powers of court
Feedback & supportLast amended by an amending law of 2012.
In any proceedings in which a remedy is sought under this Part, the court may, in addition to any other power it has, act under this section.
On the application of the transferee, the court may make an order requiring specific performance by the transferor of any obligation imposed on the transferor by virtue of section 15.
Subsection (4) applies if —
the transferee requires the transferor to give effect to a remedy under section 15 or 16 or has claims to rescind under section 16; but(b)the court decides that another remedy under section 15 or 16 is appropriate.
The court may proceed —
as if the transferee had required the transferor to give effect to the other remedy; or
if the other remedy is rescission under section 16, as if the transferee had claimed to rescind the contract under that section.
If the transferee has claimed to rescind the contract, the court may order that any reimbursement to the transferee be reduced to take account of the use the transferee has had of the goods since they were delivered to the transferee.
goods
“goods” means —(a)any personal property, whether tangible or intangible, and includes —(i)chattels that are attached or intended to be attached to real property on or after delivery; and(ii)financial products and credit, including credit extended solely on the security of land;(b)any residential property; or(c)a voucher;
The court may make an order under this section unconditionally or on such terms and conditions as to damages, payment for the goods and otherwise as it thinks just.
Subject to its jurisdiction under section 5 of the Small Claims Tribunals Act 1984, a Small Claims Tribunal may, in addition to its powers under that Act, act under this section.[12F
Small Claims Tribunal
“Small Claims Tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;