86. Remedies---(1) In any proceedings before the Complaints Review Tribunal brought by the Proceedings Commissioner or the complainant or, as the case may be, the aggrieved person, the plaintiff may seek such of the remedies described in subsection (2) of this section as he or she thinks fit. 

(2) If in any such proceedings the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of any of the provisions of Part II of this Act, it may grant one or more of the following remedies:

(a) A declaration that the defendant has committed a breach of this Act:

(b) An order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:

(a)    Damages in accordance with section 88 of this Act:

(d) An order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach:

(e) A declaration that any contract entered into or performed in contravention of any of the provisions of Part II of this Act is an illegal contract:

(f) Relief in accordance with the Illegal Contracts Act 1970 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties:

(g) Such other relief as the Tribunal thinks fit. 

(3) It shall not be a defence to proceedings under this section that the breach was unintentional or without negligence on the part of the defendant, but the Tribunal shall take the conduct of the defendant into account in deciding what, if any, remedy to grant. 

(4) In any proceedings before the Complaints Review Tribunal brought at the suit of the person against whom a complaint was made or to whom an investigation related, that person may seek a declaration that he or she has not committed a breach of this Act. [Cf. 1977, No. 49, s. 38 (5), (6), (8); 1983, No. 56, s. 12 (3)]

87. Costs---(1) In any proceedings under section 83 of this Act, the Tribunal may make such award as to costs as it thinks fit, whether or not it grants any other remedy. (2) Where the Proceedings Commissioner is a party, any costs awarded against the Commissioner shall be paid by the Commission and the Commission shall not be entitled to be indemnified by the complainant or, as the case may be, the aggrieved person. [Cf. 1977, No. 49, s. 38 (7); 1983, No. 56, s. 12 (4)]

88. Damages---(1) In any proceedings under section 83 (1) or section 83 (4) of this Act, the Tribunal may award damages against the defendant for a breach of any of the provisions of Part II of this Act in respect of any one or more of the following:

(a)    Pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:

(b)   Loss of any benefit, whether or not of a monetary kind, which the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:

(c)    Humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.

(2) Subject to subsection (3) of this section, the Commission shall pay damages recovered by the Proceedings Commissioner under this section to the complainant or, as the case may be, the aggrieved person on whose behalf the proceedings were brought 

(3) If the complainant or, as the case may be, the aggrieved person is an unmarried minor, the Proceedings Commissioner may, in his or her discretion, pay the damages to the Public Trustee or to any person or trustee corporation acting as the manager of any property of that person. 

(4) If the complainant or, as the case may be, the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, the Proceedings Commissioner may, in his or her discretion, pay the damages to the Public Trustee. 

(5) If the complainant or, as the case may be, the aggrieved person is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Proceedings Commissioner shall ascertain whether the terms of the property order cover management of money received as damages and,---

(a)    If damages fall within the terms of the property order, the Proceedings Commissioner shall pay the damages to the person or trustee corporation acting as the property manager; or

(b)   If damages do not fall within the terms of the property order, the Proceedings Commissioner may, in his or her discretion, pay the damages to the Public Trustee. 

(6) Where money is paid to the Public Trustee under subsection (3) or subsection (4) or subsection (5) of this section,---

(a)    Section 12 of the Minors' Contracts Act 1969 shall apply in the case of an unmarried minor; and

(b)   Subsections (4) and (6) to (9) of section 66 of the Public Trust Office Act 1957 shall, with any necessary modifications, apply in the case of a person referred to in subsection (4) or subsection (5) of this section.[Cf. 1977, No. 49, s. 40; 1983, No. 56, s. 14 (2)] 

89. Monetary limits on remedies that Tribunal may grant---(1) Civil proceedings under section 83 of this Act may be instituted before the Complaints Review Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought but, subject to sections 90 and 91 of this Act, the Tribunal shall not award any damages or grant any remedy in any such proceedings if the making of that award or the granting of that remedy would, by reason of the monetary limits contained in sections 29 to 34 of the District Courts Act 1947, be beyond the jurisdiction of a District Court. 

(2) For the purposes of subsection (1) of this section, where civil proceedings under section 83 of this Act are brought by the Proceedings Commissioner on behalf of more than one complainant or, as the case may be, more than one aggrieved person, those proceedings shall, for the purpose of applying any monetary limit under that subsection, be treated as if each complainant or, as the case may be, each aggrieved person, on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant. [Cf. 1977, No. 49, s. 41; 1983, No. 56, s. 15; 1993, No. 35, s. 3 (6)]

90. Granting of remedies by High Court on reference from Tribunal---(1) Where the Tribunal is satisfied on the balance of probabilities that a defendant in proceedings under section 83 of this Act has committed a breach of Part II of this Act but that---

(a)     The granting of the appropriate remedy under section 86 of this Act would be outside the limits imposed by section 89 of this Act; or

(b)     That the granting of a remedy in those proceedings would be better dealt with by the High Court,---

the Tribunal shall refer the granting of a remedy in those proceedings to the High Court. 

(2) Where the granting of a remedy in any proceedings under section 83 of this Act is referred to the High Court under subsection (1) of this section, that Court shall decide, on the basis of the Tribunal's finding that the defendant has committed a breach of Part II of this Act, whether one or more of the remedies set out in section 86 of this Act is to be granted. 

(3) Every decision of the High Court under subsection (2) of this section shall be remitted to the Tribunal for inclusion in its determination with regard to the proceedings and shall have effect as part of that determination notwithstanding the limits imposed by section 89 of this Act. 

(4) A reference under subsection (1) of this section shall be effected by sending to the Registrar of the High Court nearest to which the proceedings were commenced a report on the proceedings, which report shall set out the Tribunal's finding with regard to the breach of Part II of this Act, and shall include or be accompanied by a statement of the considerations to which the Tribunal has had regard in making the reference to the Court. 

(5) The Court may direct the Tribunal to amplify any report made for the purposes of subsection (4) of this section. 

(6) A copy of every report made for the purposes of subsection (4) of this section shall be given or sent forthwith to every party to the proceedings, and any such party shall be entitled to be heard and to tender in the High Court evidence concerning the remedy (if any) to be granted on the basis of the Tribunal's finding that the defendant has committed a breach of Part II of this Act but no such party shall be entitled, on the reference under subsection (1) of this section, to challenge that finding. 

(7) Subject to this Act, the procedure in respect of any reference under subsection (1) of this section shall be in accordance with the rules of Court and, subject to any necessary modifications, shall be the same as that applying in respect of an appeal.

(8) Nothing in this section shall limit the provisions of sections 123 to 125 of this Act or prevent the making of an appeal in accordance with section 123 of this Act in respect of any determination of the Tribunal in which a decision of the High Court is included pursuant to subsection (3) of this section. [Cf. 1977, No. 49, s. 42 (1)-(6), (8), (9)]

91. Abandonment to enable Tribunal to make award of damages---Notwithstanding the provisions of sections 89 and 90 of this Act, where the Tribunal would have jurisdiction in any proceedings under section 83 of this Act to make an award of damages in accordance with section 88 of this Act if the amount of the award were within the limit for the time being fixed by section 29 (1) of the District Courts Act 1947 (as applied by section 89 of this Act), the Tribunal may make such an award in any case where the plaintiff abandons the excess; and an award of damages in those proceedings in accordance with section 88 of this Act shall operate to discharge from liability in respect of the amount so abandoned any person against whom the proceedings are brought and the subsequent award made.[Cf. 1977, No. 49, s. 43]

92. Extension of jurisdiction by agreement between parties---Notwithstanding the provisions of sections 89 and 90 of this Act, where the Tribunal, but for the provisions of section 89 of this Act, would have, in any proceedings under section 83 of this Act, jurisdiction to grant any one or more of the remedies specified in section 86 of this Act and the parties to the proceedings, by memorandum signed by them or their respective solicitors or agents, agree that the Tribunal shall have jurisdiction to grant any one or more of the remedies specified in section 86 of this Act irrespective of the provisions of section 89 of this Act, the Tribunal shall have jurisdiction to grant one or more of those remedies accordingly.[Cf. 1977, No. 49, s. 44 (1)]