Section 47D Proceedings under section 47A or collective proceedings: injunctions etc.C1

(1)

F1F2An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings—

(a)

has the same effect as an injunction granted by the High Court, and

(b)

is enforceable as if it were an injunction granted by the High Court.

(2)

In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must—

(a)

in proceedings in England and Wales, apply the principles which the High Court would apply in deciding whether to grant an injunction under section 37(1) of the Senior Courts Act 1981, and

(b)

in proceedings in Northern Ireland, apply the principles that the High Court would apply in deciding whether to grant an injunction.

(3)

Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).

Annotations

Textual amendments

F1: S. 47B substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 5(1) (with Sch. 8 para. 5(2)); S.I. 2015/1630, art. 3(j)
F2: S. 47D inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 7; S.I. 2015/1630, art. 3(j)

Modifications

C1: Ss. 46-49 applied in part (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1