Members of Monckton Chambers have considerable experience of advising businesses on regulatory compliance issues under both EU-Retained law and GB law post Brexit. They also assist with regulatory investigations in the UK and within the EU and advise on strategic options dealing with corrective measures, recalls and undertakings in lieu of enforcement.
With their unparalleled EUand regulatory expertise, they offer an all-encompassing perspective to 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 enhanced consumer redress measures.
Members regularly advise and act for regulators and surveillance authorities (including the CMA, FCA, CAA, Ofcom, OFGEM, OPSS, DVSA, MHRA and the Department for Business and Trade). They also act for manufacturers, importers and distributors as well as regulated entities such as banks, insurance companies, airlines, professional, retail and trade bodies, consumer representative bodies (such as Which?) and private individuals and companies on a wide range of consumer law cases.
Key issues include:
- CRA 2015 Satisfactory quality, fitness for purpose and description
- Unfair Terms in Consumer Contracts (UTCCRs/CRA 2015)
- Compensation for Unfair and Misleading Commercial Practices – Consumer Protection from Unfair Trading Regulations (CPUT)
- E-commerce, distance-selling, distance marketing and door-stop selling
- Reference Pricing and BEIS Pricing Policy Compliance
- Right of repair, refund or discounts
- Warranties and Guarantees
- Product recalls and corrective measures
- Commercial agency
- Regulatory investigations, enforcement and commitments under Part 8 of the Enterprise Act
- Misleading and Comparative advertising (B2C and B2B)
- ASA Advertising Regulations
- Consumer data protection issues
- Regulation of Claims management services under Compensation Act 2006
- Electronic Commerce and online platform regulation
- 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 motor vehicles, machinery, airlines, rail transport, travel, package holidays, timeshares, financial products, energy, online platforms, digital content and services, supermarkets, clothing, mobile phones, pharmacies, medicines, human tissue regulations 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.
On the litigation front, there is an increased focus on consumer-facing claims, being brought either before the High Court as part of a Group Litigation Order (“GLO”) or a representative action under CPR Part 19.6 or as part of a collective opt-out or opt-in competition class action before the Competition Appeal Tribunal. Members are representing claimants and defendants in the Dieselgate litigation, Gutmann Trains CPO (Boundary Rail Fares), Boyle CPO (Differentiated Rail Fares), Gutmann v Apple CPO (Lack of transparency regarding battery issues and slow-down of smartphones) and Gormsen v Meta CPO (Lack of transparency and fairness re use of data).
Members also appear in judicial review and magistrate court proceedings challenging enforcement measures adopted by OPSS or Local Trading Standards.