Talk from the TSI conference in Bournemouth

Gough Square again took a Stand at TSI conference in Bournemouth in June - Iain MacDonald gave an update on Unfair Trading Regulations. View PowerPoint presentation.

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Members of Chambers

James Ross

Called Inner Temple (2006)

LLB (First Class) King's College London

Duke of Edinburgh and Major Exhibition scholarships awarded by the Inner Temple

james.ross@goughsq.co.uk

James practises in all aspects of consumer and regulatory litigation, especially consumer credit, commercial litigation, mortgages, insolvency and regulatory crime. Details of recent work appear under the specialist headings below. He acts for individuals, companies and prosecuting authorities, and has appeared as a sole advocate before a broad range of tribunals including magistrates' and county courts, the Crown Court, the High Court and the Court of Appeal. He has appeared as a sole advocate in trials, summary judgment and strike-out applications, injunctions and appeal hearings.

Main practice areas

Consumer Credit
Commercial Litigation
Chancery (Mortgages)
Regulatory Crime
Insolvency

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 and advisory work

Drafting a variety of credit agreements and pre-contract information (SECCI) documentation in compliance with the new requirements under the Consumer Credit Directive.

Assisted in the drafting of a new suite of documentation for a high street bank (including loan, credit card and overdraft conditions).
Advising on content of statutory notices introduced by Consumer Credit Act 2006 (notices of default sums, periodic statements, sums in arrears etc).
Drafting unusual consumer credit agreements such as equity release mortgage agreements (First Time Buyers' Initiative), credit gym membership agreements and litigation funding agreements.
Advising on the enforceability of regulated credit agreements, especially in respect of credit card agreements where the original signed agreement is no longer available and a request for a section 78 copy has been made.
Advising lenders and credit brokers of their potential liability in respect of undisclosed or secret commissions following Hurstanger v Wilson CTLC [2007] 59.
Advising on consumer credit licensing and the consequences of carrying on a consumer credit business without a licence.
Advising on consumer credit advertising.
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.

Litigation

James was instructed by numerous banks in the Manchester litigation leading up to the decision in Carey v HSBC [2009] EWHC 3417 (QB) relating to sections 61 (prescribed terms), 78 (statutory copies), 140A (unfair relationships) and 142 (declarations of unenforceability) of the Consumer Credit Act 1974.
Also appeared in the satellite costs litigation (Teasdale v HSBC [2010] EWHC 612 (QB)) relating to the costs of cases discontinued in the above Manchester litigation.
James regularly appears on behalf of creditors and assignees in debt recovery claims which are defended on technical grounds under the Consumer Credit Act 1974.
James has particular experience of representing creditors and brokers defending claims of mis-sold payment protection insurance and breach of the ICOB rules.

Commercial Litigation

Regularly acts and advises in a broad range of commercial work. Examples of recent and current work include:

Acting as a sole advocate in the Court of Appeal on behalf of a finance company in the context of a large scale fraud committed by a vehicle fleet management company, with particular reference to claims made by innocent purchasers of vehicles under Part III of the Hire Purchase Act 1964 and the Factors Act 1889 (Kulkarni v Manor Credit [2010] EWCA Civ 69).
Advising on the liability of an original creditor to an assignee under warranties contained in a master assignment of credit card debts.
Acting on behalf of a merchant in a substantial commercial dispute with a merchant acquirer and card issuer following the fraudulent use of a credit card and subsequent charge back by the card issuer.
Advising companies on disputes arising from the hire or purchase of defective or badly maintained commercial equipment such as photocopiers and machinery.

Mortgages

James regularly appears in mortgage possession and appeal hearings, as well as providing advice on the following issues:

Responding to applications by borrowers for suspension of a warrant of possession under section 36 of the Administration of Justice Act 1970 and applications for time orders under the Consumer Credit Act 1974.
Claims by occupiers that they have an overriding interest in the property because they are tenants of the borrower or have acquired a beneficial interest in the property whilst in actual occupation.
Drafting pleadings and mortgage agreements, including equity purchase schemes.

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 2000:

Appeared in the Administrative Court, led by Claire Andrews in chambers, on an appeal as to whether the supply of cigarettes by a vending machine to an underage purchaser amounted to a "sale" for the purposes of section 7(1) of the Children and Young Persons Act 1933 (Merton LBC v Sinclair Collins [2010] WLR (D) 286)
Drafting claims for enforcement orders under the Enterprise Act 2000 in order to restrain the activities of rogue traders.
Advising companies of their potential exposure to enforcement action under the Enterprise Act 2000 and the new Consumer Protection from Unfair Trading Regulations 2008.
Appearing in disclosure applications, plea and case management hearings and other interlocutory hearings.

Insolvency

James acts in insolvency proceedings brought against companies and individuals:

Experience of obtaining winding-up orders.
Appearing in response to applications to set aside statutory demands and bankruptcy hearings.

Publications and Podcasts

"Recent developments in consumer credit (2010)" available at www.CPDcast.com
"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)
"A Brief History of Criminology", Criminal Justice Matters Autumn 2006 (65) (with Professor Ben Bowling)
"SOCA: the Serious and Organised Crime Agency", Criminal Justice Matters Spring 2006 (63) (with Professor Ben Bowling)

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