Section 83(2)

The proceedings shall be dismissed if the defendant (in Scotland, the defender) to the proceedings shows— unless the court before which the proceedings are brought is satisfied that it is just and equitable to permit the proceedings to continue. that he has a claim against the claimant (pursuer) arising out of the contract that he has been unable to pursue by reason of the latter's breach of the regulations, or that he has suffered some financial loss in connection with the contract by reason of the claimant's (pursuer's) breach of the regulations,

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Source: legislation.gov.uk · retrieved 2026-09-04