Business Regulation and Consumer Law

Members of Monckton Chambers have considerable experience of advising on and litigating business and consumer law issues, particularly in regulated industries. With their unparalleled EU, competition and regulatory expertise, they offer an all-encompassing perspective to regulatory consumer protection issues. They can assist in regulatory investigations and disputes, whether in preparing responses to information requests, provisional views statements or in formulating commitments or consensual undertakings to modify business practices. If consensual solution if not possible, they can put forward a robust defence to administrative enforcement action, appeals, injunction applications or other consumer redress measures. They regularly advise and act for regulators (including the CMA, FCA, CAA, Ofcom and OFGEM), banks, insurance companies, airlines, professional, retail and trade bodies, consumer representative bodies and private individuals on a wide range of consumer law cases. Key issues include:

  • Unfair Terms in Consumer Contracts (UTCCRs)
  • Unfair and Misleading Commercial Practices – Consumer Protection from Unfair Trading Regulations
  • Distance-selling, distance marketing and door-stop selling
  • Reference Pricing and BIS Pricing Policy Compliance
  • Commercial agency
  • Regulatory investigations, enforcement and commitments under CPRs and Part 8 of the Enterprise Act
  • Advertising Regulations
  • Consumer data protection issues
  • Regulation of Claims management services under the Compensation Act 2006
  • Electronic Commerce
  • Consumer Credit Licensing, Revocation and Fitness
  • Fair and Responsible Lending
  • Unfair trading with vulnerable consumers
  • Alleged mis-selling of financial and energy products
  • Jurisdiction disputes in relation to complaints pursued before the Financial Ombudsman
  • Delayed boarding compensation

Some members have an intimate knowledge of particular retail sectors as a result of having advised clients operating in those markets over several years. Examples include supermarkets, financial products, clothing, mobile phones, pharmacies and opticians. Retailers may be subject to investigations by the CMA and/or Local Trading Standards and members offer pragmatic solutions to resolve such enquiries amicably or, where necessary, defend the companies’ position before the courts.

Highlights include:

  • Peter Mantle successfully acting as Counsel for the OFT in the first money laundering penalty appeal brought by a consumer credit lender to be heard by the First-Tier Tribunal (Consumer Credit) MCO Capital Ltd v The Office of Fair Trading.

 

  • OFT v Dreams Limited: Paul Harris QC, Anneli Howard and Anneliese Blackwood defending Dreams Limited in the OFT’s investigation into alleged misleading reference pricing in the furniture retail sector. This culminated in 9 retailers offering commitments to the OFT regarding their sales pricing and advertising.

 

  • Anneli Howard successfully defending the OFT’s revocation of the consumer credit licence of EEC, a supplier of burglar alarms, on the basis of unfair selling to elderly vulnerable consumers in their own homes. This involved a 3 week trial before the First Tier Tribunal, involving over 85 witnesses and experts, followed by a subsequent appeal to the Upper Tier Tribunal and judicial review before the Administrative Court.