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UK Law Reference
All sections of Digital Markets, Competition and Consumers Act 2024
2024 c. 13, s.178

Section 178 — Substantiation of claims

Extent: E+W+S+N.I.

This version in force from 2025-04-06

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) 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).

(2) 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.

(3) The court may find that a factual claim of a respondent is inaccurate if—

(a) the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or

(b) the court considers that any such evidence that is provided is inadequate.

(4) In this section “respondent”, in relation to an application for a consumer protection order, means—

(a) where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought;

(b) 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.