Consumer Law Barrister in London
Legal 500
Consumer Law
Consumer law can be a minefield. As a highly experienced consumer law barrister, I can spot pitfalls well in advance, help you avoid reputational damage to your business and assist you with regulatory investigations by Trading Standards officers and the Competition and Markets Authority, Office of Product safety and Standards, Advertising Standards Authority, Port Authorities, HMRC or other regulatory body, or – if the worst comes to the worst – prosecutions for alleged consumer law breaches. I can also help your business with advice on consumer rights and obligations, including consumer credit, consumer finance, consumer contracts, unfair terms and compliance with the Consumer Rights Act 2015, the Consumer Credit Act 1974, and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
CONTACT ME NOW
020 7353 0924
Please quote “Stuart Jessop” when calling
gsc@goughsq.co.uk
Please quote “Stuart Jessop” when emailing
If you believe you’re heading into dangerous territory or just need general advice and expertise, please call me today and I’ll help to find the safest route forward for you and your company.
What We Do
Consumer Law Expertise
Consumer law advice
Consumer law is an ever-changing landscape, with evolving legislation significantly increasing the compliance burden for most businesses. With the penalties for non-compliance also becoming increasingly stringent, it’s vital that you avail yourself of the expertise of a specialist lawyer to protect your interests.
I’m on hand whenever you need me to interpret the law, explain your obligations and support you in any disputes with customers or regulators. If the worst comes to the worst and you find yourself subjected to an investigation or prosecution, I will go the extra mile to minimise its impact on your business, your finances and your reputation. Where regulators have overreached, I can pursue judicial review in appropriate public law cases.
Consumer protection investigations
A consumer protection investigation can prove highly disruptive to any business. You may be required to provide detailed information to regulators or even attend interviews under caution, with severe penalties for non-compliance. Should the investigation be publicised, the damage to your reputation – and ultimately your bottom line – can be enormous.
As a barrister with significant experience of such investigations, I can advise you of the best course of action at every stage of the process. Obtaining the services of a specialist can make all the difference to the outcome for your business and give you peace of mind. This includes advice on consumer credit compliance, unfair consumer contracts information requirements, and responding to proceedings or claims brought by consumers or competitors.
Consumer protection prosecutions
When a consumer protection investigation becomes a prosecution, your business is exposed to significant financial risk and in some cases you and other directors can be in jeopardy personally. Even if you successfully defend a prosecution, your reputation can be tarnished, whilst the worst possible outcomes could include fines, disqualification as a director, or even prison in extreme cases. It is important to obtain early advice and support. Matters are often issued in the County Court or High Court, but I also manage parallel proceedings relating to claims and associated civil litigation.
I will support you every step of the way – challenging authorities to drop prosecutions, negotiating out-of-court settlements and if necessary, representing you in court. In short, I will leave no stone unturned to obtain the best possible outcome. This includes advising businesses on remedial undertakings and fair outcomes consistent with fair trading principles.
Competition and Markets Authority investigations
The Competition and Markets Authority (CMA) is the UK’s leading watchdog for competition and consumer protection issues. Its investigatory and punitive powers are wide-ranging, and have been increased substantially by the Digital Markets, Competition and Consumers Act 2024, so it is vital to understand your rights and responsibilities regarding these issues.
This legislation will affect almost every organisation that sells to British consumers and potentially creates a compliance minefield. This regime enables the CMA to impose substantial fines and other measures without obtaining a court order if it reasonably suspects that consumers’ rights have been infringed. These fines and other measures can be substantial, and it is important that you seek advice early on.
With a maximum fine of £300,000 or 10% of your turnover, the stakes are high and there are additional penalties for failing to comply with investigations or supplying false or misleading information. Non-compliance with directives can lead to daily fines of £15,000 or 5% of your daily worldwide turnover, and fines can also be imposed on directors as individuals, so you cannot afford to take any risks.
If you believe you may be facing an investigation under the DMCC Act, please get in touch immediately and I will do my best to assist you. I also advise on overlap with the Consumer Protection from Unfair Trading Regulations 2008 and the Unfair Contract Terms Act 1977, including dispute strategy and settlement options.
Office for Product Safety and Standards investigations
The Office for Product Safety and Standards exists to protect consumers and others from product-related harm and increase standards in product safety. It has significant regulatory and investigatory powers and can compel product recalls where appropriate. Its remit extends across all product categories excluding vehicles, medicines and food, and it has extensive enforcement authority.
If you find yourself subject to an OPSS investigation, please contact me as soon as possible. I can advise you on the best course of action to protect your business and your interests. Even if an adverse decision is made against you, which could include a published product safety report, alert or recall, I can assist you in pursuing an appeal if appropriate. I also advise on product liability exposure under the Consumer Protection Act 1987 and on coordinating group litigation or commercial litigation strategies where multiple clients or products are affected.
Trading Standards investigations
Trading Standards enjoys substantial powers to act against businesses who are suspected of treating consumers unfairly. I advise on investigations into trading standard compliance and all aspects of consumer protection enforcement.
Should you be subjected to an investigation, I can work with you to deliver evidence supporting your case in order to minimise its impact and avoid the worst outcomes. If you are invited to an interview under caution, I can arrange representation to advise you on your rights and protect your interests, and I can represent you in court if necessary. Where appropriate, I can challenge investigative steps by way of judicial review or related public law remedies.
A trading standards investigation could result in a formal caution, a conviction, a fine, or in some circumstances imprisonment and director’s disqualification. So, any threat of investigation should be treated with the utmost seriousness.
That’s why you should act immediately if you are notified of a complaint against your business. I act for clients across sectors and coordinate civil and criminal proceedings to reach practical, business-focused outcomes.
Product safety and recall
Any business that manufactures, imports, distributes or sells products in the UK is required to comply with stringent and constantly evolving safety laws. The General Product Safety Regulations 2005 (GSPR) require all products to perform safely within their intended usage and gives authorities considerable powers of enforcement where businesses fall short. Related obligations may also arise under the Sale of Goods Act 1979 (the “Goods Act”) and the Consumer Rights Act 2015 for faulty or unsafe goods.
If challenged, your company may need to demonstrate that it has actively minimised any safety risks, undertaken detailed testing and provided appropriate instructions to avoid customer misuse. If you are unable to do so, you could find yourself facing a costly and damaging product recall or even criminal prosecution. I handle urgent recall proceedings, advise on consumer contract remedies, and manage communications with regulators to reduce litigation and claim risk.
A product safety or liability incident can be hugely expensive. In fact, the average cost of a product recall can be as much as several million pounds. However, direct costs are only part of the equation: the reputational damage can have a far greater impact on your bottom line. What’s more, whilst your products are not available, your customers could be buying from your competitors – and they may never come back.
That is why it is important to obtain expert legal advice. I can advise you at every stage of the process, from the moment an issue arises through collating information and assessing risks to liaising with regulators should a product need to be removed from the market. I will be here to help you comply with the law, deal effectively with any regulatory challenges and obtain the best possible outcome if you find yourself prosecuted. Where appropriate, I also advise on cross-border issues and international arbitration clauses in supply chains touching the UK market.
Introduction
Stuart Jessop
For a discussion about how Stuart may be able to help you please contact his clerks (asking for Stuart Jessop) on 020 7353 0924.
Testimonial
