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William Hibbert
William is joint head of Chambers, having been a founder member in 1993.
William Hibbert is a specialist in the area of consumer credit and other fields of consumer protection legislation. As well as all aspects of consumer credit agreements, his practice includes legislation covering unfair contract terms, misleading trade descriptions, advertising, distance selling, pricing, estate agency, package holidays and timeshare. He also practices in the field of food and food labeling regulation.
In the consumer credit area, he drafts standard form consumer credit agreements and contract terms for lenders and reviews portfolios of agreements for acquisition and securitisation purposes, giving advice as to enforceability and potential liability under the Consumer Credit Act 1974. He is experienced in licensing issues under the Consumer Credit Act 1974, having represented traders on a number of Minded To Revoke1icense hearings before the Adjudicators at the Office of Fair Trading.
As well as standard form contracts, he drafts and advises on policy documents, procedure manuals and
advertisements.
His clients include banks, building societies and other financial institutions, trade organisations, high street retailers, holiday companies and those involved in the food and drinks industry. He has also acted for and advised the Office of Fair Trading on a number of consumer credit issues.
His work includes advice and representation in civil claims, criminal prosecutions by Trading Standards and Environmental Health Departments and enforcement action brought by the Office of Fair Trading.
Recent reported cases:
Director General of the Office of Fair Trading v First National Bank Plc [2002] 1 AC 481 (House of Lords): application of the Unfair Terms in Consumer Contracts Regulations to interest after judgment provisions in contracts regulated by the Consumer Credit Act 1974;
Popely & Harris v Scott (2001) 165 JP 742 (Administrative Court): application of Timeshare Act 1992 to a share-based holiday scheme and of the due diligence defence where counsel has given advice as to compliance
Wilson v First County Trust Ltd (No 2) [2002] QB 74 (Court of Appeal); sub nom Wilson & Ors v Secretary of State for Trade and Industry [2004] 1 AC 816 (House of Lords): whether section 127(3) of the Consumer Credit Act 1974 was incompatible with the Human Rights Act 1998.
Uren v First National Home Finance Ltd (Times 17th November 2005) (Ch D) Investor in holiday flat development not entitled to claim in unjust enrichment against mortgagee bank on collapse of development company
Office of Fair Trading v Lloyds TSB Bank Plc, Tesco Personal Finance Ltd and American Express Services Europe Ltd [2005] 1 AER 843 (QBD Comm); [2006] 2 AER 821 (Court of Appeal) whether modern credit card networks gave rise to “arrangements” within the meaning of the definition of debtor-creditor-supplier agreements within section 12(b) of the Consumer Credit Act 1974 and whether the connected lender liability under section 75 applied to debtor-creditor-supplier agreements which financed a foreign supply contract
Goshawk Dedicated (No 2) Ltd v Governor and Company of the Bank of Scotland (Ch D) [2006] 2 AER 610 Whether a loan agreement financing the premium for a litigation funding insurance policy and also litigation costs complied with the requirements of the Consumer Credit Act 1974 for cancellable agreements and whether they were multiple agreements
William was born in 1957 and educated at Charterhouse and Worcester College, Oxford. He was called to the bar in 1979 and is a member of Inner Temple.
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