Section 127(1)

In the case of an application for an enforcement order under— the court shall dismiss the application if, but . . . only if, it considers it just to do so having regard to— section 55(2) (disclosure of information), or section 61B(3) (duty to supply copy of overdraft agreement), or section 65(1) (improperly executed agreements), or section 105(7)(a) or (b) (improperly executed security instruments), or section 111(2) (failure to serve copy of notice on surety), or section 124(1) or (2) (taking of negotiable instrument in contravention of section 123), prejudice caused to any person by the contravention in question, and the degree of culpability for it; and the powers conferred on the court by subsection (2) and sections 135 and 136.

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Source: legislation.gov.uk · retrieved 2026-07-30