28 Agreements made unenforceable by section 26 or 27[: general cases]
28 Agreements made unenforceable by section 26 or 27[: general cases]

(1)     This section applies to an agreement which is unenforceable because of section 26 or 27[, other than an agreement entered into in the course of carrying on a credit-related regulated activity].

(2)     The amount of compensation recoverable as a result of that section is—

(a)     the amount agreed by the parties; or

(b)     on the application of either party, the amount determined by the court.

(3)     If the court is satisfied that it is just and equitable in the circumstances of the case, it may allow—

(a)     the agreement to be enforced; or