Talk from the TSI conference in Edinburgh

Gough Square again take a Stand at TSI conference in Edinburgh 15th - 17th June - Geraint Howells gives a talk on the Reform of Consumer Contract Law. View PowerPoint presentation.

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Members of Chambers

Claire Andrews, Barrister, FCIArb, Accredited Mediator

Joint Head of Chambers

University of Manchester LLB (Hons)(1978)

Called Grays' Inn (1979)

Fellow Chartered Institute of Arbitrators and Accredited Mediator

Fee-paid first tier Tribunal Judge, Social and Health Care Chamber

Author “The Enforcement of Regulatory Offences” (1998) and others

claire.andrews@goughsq.co.uk

Claire has a broadly based background in civil and criminal law and is experienced in acting in contractual disputes and has acted and advised in disputes about terms in consumer and supply chain contracts, product liability matters including product recalls and liability for defective services. She advises and acts on matters connected with the use and abuse of regulatory powers including applications for judicial review. Additionally, she routinely advises high street name companies and importers on labelling of new products and in respect of any confrontation with trading standards or other regulatory agencies. As well as undertaking advisory and court work in both civil and criminal proceedings she acts in relation to numerous other regulatory issues including borderline medicinal/cosmetic/food supplement products, environment and health and safety. She has acted in many cases of infestation by rats, mice, contamination by foreign bodies and mould, dirty premises, etc. She has a particular interest in matters of statutory interpretation.

In addition, Claire’s practice extends to some non-consumer areas. These include property disputes, employment and civil and criminal fraud. She is also interested in alternative dispute resolution and is a qualified arbitrator, accredited mediator and is a member of a Tenancy Deposit Scheme Panel of Adjudicators for IDRS Ltd. She is the Honorary Secretary of MTVM Mediators and an assessor for the Centre for Justice.

Regulatory cases include:
Three Rivers District Council v. Chowdhury [2009] EWHC 2683, the first food hygiene case considering the application of the words “food business operator”
Lewin v. Purity Soft Drinks [2004] EWHC 3119 (Admin) on whether certain information on a drinks bottle was a misleading trade description. This case concerned in part the inter-relation of the Trade Descriptions Act 1968 and the Fruit Juices and Fruit Nectar Regulations 1977
London Borough of Barking and Dagenham v. David Jones [1999] on whether a local authority was entitled to an injunction to restrain a breach of the criminal law.
Asda Stores Ltd v. Birmingham City Council [1998]. Claire acted for Asda and successfully appealed an adverse magistrates’ court decision where the court had concluded that a bereaved employee should have been removed from post against her wishes without raising that issue with the parties in the course of the proceedings.
R v. Warwickshire CC, ex p. Johnson [1993] AC 583 (HL) Claire, led by Fred Philpott, acted for Mr Johnson on the question whether a manager of a store had committed an offence of giving a misleading price indication under the Consumer Protection Act 1987 including whether the expression “in the course of any business of his” could extend to an employee.

Recent non-regulatory cases include Wragg and others v. Surrey County Council (2008) NPC 12 : (2008) HLR 30 : Times, March 19, 2008, Copping v. Surrey County Council (2006) HLR 16 : (2006) 10 EG 156

Claire is recommended in the area of consumer law by Chambers and Partners Directory of the Legal Profession, Who’s Who in the Law and The Legal 500.

Claire is author of The Enforcement of Regulatory Offences (published Sweet & Maxwell 1998) and is a contributor to Atkin’s Court Forms, Consumer Protection Volume, to Butterworths Law of Food and Drugs (Medicines section) and sometime commentator on regulatory statutes for Current Law. She is a member of the Food Law Group, the Product Liability Forum and the Administrative Law Bar Association. Additionally, she sits on the Mental Health Review Tribunal and is an Assistant Boundary Commissioner.

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