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Consumer Credit
Members of chambers advise creditors, borrowers and those involved in enforcement of the Consumer Credit Acts 1974 and 2006 on all aspects of consumer credit. Our expertise in this area includes the drafting of credit agreements, advising in relation to consumer credit advertising, acting for both borrowers and creditors in court proceedings, representation at hearings before both the OFT and the DTI, and review of documentation for securitisation purposes. Chambers’ consumer credit clients range from clearing banks to non-status lenders and encompass many industry sectors, including timeshare, motor finance and insurance.
Members of chambers have been involved in the recent cases of Office of Fair Trading v. Lloyds TSB and others (members involved: Fred Philpott, William Hibbert, Julia Smith and Iain MacDonald) and Goshawk Dedicated (No. 2) Ltd v. Bank of Scotland (Fred Philpott and William Hibbert).
Chambers co-hosts monthly meetings of the Consumer Credit Forum, an informal group open to all, for discussion of key topics in this complex area. If you are interested in joining the Forum please contact Bob Weekes.
Members of chambers write and contribute to legal texts in this area, including Current Law and The Consumer Credit Act 2006: A Guide to The New Law (Law Society Publishing, 2006) Please click the following links for further details of the members of chambers who specialise in consumer credit: Fred Philpott, Peter Sayer, William Hibbert, Julia Smith, Stephen Neville, Bradley Say, Iain MacDonald, Sandra McCalla, Simon Popplewell.
Trading Standards
Members of chambers act for businesses, individuals and enforcement agencies across the full range of trading standards matters, including trade descriptions, misleading price indications, weights and measures, distance and doorstep selling, trademark infringement and under-age sales. We have particular expertise in applications for orders under the Enterprise Act 2002. Our involvement includes both representation at court and advice on preparation of cases and due diligence systems.
Reported cases in which members of chambers have been involved recently include:
R (Stoddart) v. Oxford Justices (2005) 168 JP 683 (Fred Philpott)
Suffolk County Council v Hilary’s Blinds Ltd (2002) 168 JP 381(Fred Philpott)
The Link Stores v. London Borough of Harrow [2001] 1 WLR 1479 (Fred Philpott)
DSG Retail Ltd v. Oxfordshire County Council [2001] 1 WLR 1765 (Fred Philpott)
R v. Kettering Justices, ex p. MRB Insurance Brokers (2000) 164 JP 585 (Fred Philpott and Iain MacDonald)
Chambers takes a stand at the TSI Conference annually and members regularly give lectures at the Mini-Theatre sessions at the conference. For details of our attendance at this year’s conference please visit our News page.
Please click the following links for further details of the members of chambers who specialise in trading standards: Fred Philpott, Claire Andrews, William Hibbert, Jonathan Goulding, Iain MacDonald, Sandra McCalla, Simon Popplewell, Karen Taylor.
Food Law and Environmental Health
Members of chambers act for businesses and individuals involved with food production, import/export, packaging and retailing, in addition to acting for enforcement agencies across the whole range. We have particular expertise in defending food poisoning cases. We also represent businesses and enforcement agencies in the field of health and safety dealing with cases ranging from minor infringements to fatalities.
Reported cases in which members of chambers have been involved recently include:
Lewin v. Purity Soft Drinks Times, December 27th 2004 (Claire Andrews)
Harlow District Council v. Greene King Plc [2004] 2 All ER 102 (Iain MacDonald)
Nottingham City Council v. Wolverhampton & Dudley Breweries Ltd [2004] 1 QB 1274 (Iain MacDonald)
Kilhey Court Hotels Ltd. v. Wigan MBC (2005) 169 JP 1 (Jon Goulding and Kate Urell)
DEFRA v. Asda Stores Ltd (2004) 168 JP 1 (Fred Philpott and Jon Goulding)
Chambers takes a stand at the CIEH Conference annually and members regularly contribute to and attend lectures organised by the Institute. For details of our attendance at this year’s Conference please visit our News page.
Members of chambers are members of the Food Law Group and regularly give lectures to the Group.
Please click the following links for further details of the members of chambers who specialise in food and environmental health: Fred Philpott, Claire Andrews, William Hibbert, Jon Goulding, Iain MacDonald, Sandra McCalla, Simon Popplewell, Karen Taylor.
Consumer Contracts
We regularly advise businesses on compliance with the Unfair Terms in Consumer Contracts Regulations 1999 and enforcement agencies on action to be taken against those in breach, including applications under the Enterprise Act 2002.
Members of chambers were involved in the leading case on interpretation of the Regulations, OFT v. First National Bank Plc [2002] 1 AC 481 (Fred Philpott, William Hibbert)
Please click the following links for further details of the members of chambers who specialise in consumer contracts: Fred Philpott, William Hibbert, Julia Smith, Iain MacDonald, Simon Popplewell.
Other Regulatory Law
Members of chambers have expertise across the broad range of regulatory law. Further areas in which we regularly provide advice and representation include:
• Advertising - members of chambers recently acted in the high profile case of the “crazy frog” ringtone adjudication before both the ASA and ICSTIS panels and have recently acted for a high street retailer on pricing matters before the ASA.
• Product liability - advising on product recalls, consumer protection issues and providing representation at court.
• Estate Agency - members of chambers have appeared before the OFT and the DTI in relation to prohibition orders made under the Estate Agents 1979.
• Benefit fraud - Chambers act for a number of local authorities in relation to benefit fraud, providing both advice on evidence and representation at court.
• Travel - Chambers have acted both for major travel companies and individuals in relation to both the civil and criminal aspects of the Package Travel, Package Holidays and Package Tours Regulations 1992.
• Timeshare - Chambers can also give advice and representation in relation to matters arising under the Timeshare Act 1992.
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