Section 178

This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a contravention of Chapter 1 of Part 4 (protection from unfair trading). The court may, for the purpose of considering the application, require a respondent to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of the respondent. The court may find that a factual claim of a respondent is inaccurate if— the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or the court considers that any such evidence that is provided is inadequate. In this section “respondent”, in relation to an application for a consumer protection order, means— where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought; where the application is for an online interface order or an interim online interface order, the person against whom the order is sought or another person who is a party to the proceedings.

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