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Settlements under redress measures
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30. (1) A qualified entity and a trader may, in a representative action for redress measures, jointly propose to the Court a settlement regarding redress for the consumers represented in that action.
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(2) The Court may, in a representative action for redress measures, following consultations with a qualified entity and a trader, invite the qualified entity and the trader to reach a settlement regarding redress within a reasonable time limit.
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(3) A settlement referred to in subsection (1) or (2) shall be subject to the approval of the Court and any settlement approved under this section shall be binding on the qualified entity, and the trader concerned and the individual consumers represented in the representative action concerned.
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(4) If the Court does not approve a settlement under subsection (3), it shall continue to hear the representative action concerned.
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(5) The Court shall assess in a representative action for redress measures, whether to refuse to approve a settlement that is contrary to any other enactment or European acts, or includes conditions which cannot be enforced, taking into consideration the rights and interests of all parties, and in particular, those of the consumers represented in the representative action concerned.
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(6) The Court shall refuse to approve any settlement which contains terms which appears to the Court to be unfair.
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(7) Redress measures provided for through an approved settlement in accordance with this section shall be without prejudice to any additional remedies available to the consumers represented in the representative action concerned under an enactment or European act which were not the subject of that settlement.
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(8) The powers conferred by this section are without prejudice to any other discretionary power which the Court may exercise at any time during the course of proceedings with a view to facilitating a settlement or the resolution of a dispute.
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