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

James Ross

Called Inner Temple (2006)

Major and Duke of Edinburgh Scholarships

LLB (First Class) King's College London

james.ross@goughsq.co.uk

James practises in all aspects of consumer and regulatory litigation, especially consumer credit, mortgages, commercial litigation, insolvency and regulatory crime. He acts for individuals, companies and prosecuting authorities, and has appeared before a broad range of tribunals.

Main practice areas: Consumer Credit, Chancery (Mortgages), Commercial Litigation, Insolvency, Regulatory Crime

Consumer Credit – James regularly acts on behalf of banks, building societies and other financial institutions. He advises on a wide range of consumer credit issues. Examples of current and recent work include: drafting unusual consumer credit agreements such as equity release mortgage agreements (First Time Buyers’ Initiative) and credit gym membership agreements, advising on the enforceability of regulated credit agreements, especially in respect of credit card agreements, advising lenders and credit brokers of their potential liability in respect of undisclosed or secret commissions following Hurstanger v Wilson CTLC [2007] 59, acting for lenders where the borrower alleges that the agreement is unenforceable or the default notice is defective, advising lenders on penalties issues in the context of bank current accounts, credit cards and hire purchase agreements, providing advice and drafting pleadings in response to allegations of unfair relationships or extortionate credit bargains under the Consumer Credit Act 1974, advising on the new documentary requirements introduced by the Consumer Credit Act 2006: notices of default sums and notices of sums in arrears etc.

Mortgages – James regularly appears in mortgage possession and appeal hearings, as well as providing advice on issues such as responding to applications by borrowers for suspension of possession under section 36 of the Administration of Justice Act 1970 and applications for time orders, claims by occupiers that they have an overriding interest in the property and drafting pleadings and mortgage agreements, including equity purchase schemes.

Commercial Litigation – James acts and advises in a broad range of commercial work. Examples of recent and current work include: acting on behalf of a merchant in a dispute with a merchant acquirer and card issuer, acting on behalf of a finance company in the context of a large scale fraud, advising companies on disputes arising from the hire of defective or badly maintained commercial equipment.

Regulatory Crime – James also acts and advises in relation to criminal proceedings brought by trading standards departments and other prosecuting authorities, as well as civil claims for enforcement orders under the Enterprise Act 2002. Previous experience includes: drafting claims for enforcement orders under the Enterprise Act 2002, advising companies of their potential exposure to enforcement action under the Act and the new Consumer Protection from Unfair Trading Regulations 2008, appearing in court regarding these matters

Publications

“Overseas Purchases and Secret Commissions- the Good News for Consumers in 2007” Consumer Law Yearbook 2009, Ashgate
“Consumer Power: the Consumer Protection from Unfair Trading Regulations 2008” New Law Journal 2008, 158 (7317), 535
“Carry the Costs” Solicitors Journal 2007, 151 (28), 944
“The Serious Organised Crime Agency - should we be afraid?”, Criminal Law Review 2006, December, pp1019-1034 (with Professor Ben Bowling)

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