Regulation 27J How does the right to damages work?F1F2
United Kingdom
Subject as follows, a consumer has the right to damages if the consumer—
has incurred financial loss which the consumer would not have incurred if the prohibited practice in question had not taken place, or
has suffered alarm, distress or physical inconvenience or discomfort which the consumer would not have suffered if the prohibited practice in question had not taken place.
The right to damages is the right to be paid damages by the trader for the loss or the alarm, distress or physical inconvenience or discomfort in question.
The right to be paid damages for financial loss does not include the right to be paid damages in respect of the difference between the market price of a product and the amount payable for it under a contract.
The right to be paid damages under this regulation is a right to be paid only damages in respect of loss that was reasonably foreseeable at the time of the prohibited practice.
A consumer does not have the right to damages if the trader proves that—
the occurrence of the prohibited practice in question was due to—
a mistake,
reliance on information supplied to the trader by another person,
the act or default of a person other than the trader,
an accident, or
another cause beyond the trader’s control, and
the trader took all reasonable precautions and exercised all due diligence to avoid the occurrence of the prohibited practice.
Annotations
Textual amendments
- F1
Regulations revoked (6.4.2025 with transitional provisions and savings in relation to Pt. 4A, which is continued until regulations are made under s. 233 of the revoking Act) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 251(1), 339(1) (with ss. 235, 243, 252); S.I. 2025/272, reg. 2(1)(3)
- F2
Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3