William has appeared in a number of the leading cases on consumer credit and regularly advises on all aspects of consumer credit legislation. As well as litigation, William drafts standard form consumer credit agreements and contract terms for lenders. He advises on the enforceability of agreements for the securitisation and sale of credit card portfolios. He has advised on many significant issues under the Consumer Credit Act 1974.

His practice includes advising on the Financial Services and Markets Act 2000 and FSA Handbook compliance issues, including advising on the activities of insurance, collective investment schemes, and deposit taking.

He acted for Finance and Leasing Association in the House of Lords in Wilson & Ors v Secretary of State for Trade and Industry on the question whether the sanction of complete unenforceability under s.127(3) of the Consumer Credit Act for improperly executed agreements was incompatible with the Human Rights Act 1998. He acted for the Office of Fair Trading in Office of Fair Trading v Lloyds TSB Bank Plc (Commercial Court, Court of Appeal and House of Lords) on whether credit card networks gave rise to "arrangements" within the meaning of the definition of debtor-creditor-supplier agreements within s.12(b) of the Consumer Credit Act 1974 and whether the connected lender liability under s.75 applied to debtor-creditor-supplier agreements which financed a foreign supply contract.

He has represented:

• Creditors in claims (including group claims) by consumers under s.75, where the consumers’ claims are based on misrepresentations and breaches of the supply contract by the supplier.
• Solicitors and insurers in a number of cases involving the issue of the unenforceability of credit agreements in litigation funding schemes. 
• Traders on Minded-To-Revoke License hearings under the Consumer Credit Act, where the company’s commercial actions (such as pricing, trading methods and contract terms) have been the basis for the criticism by the Office of Fair Trading. 
• Lenders in cases on “secret” commissions and the selling of payment protection insurance products.

He is also experienced in all aspects of mortgage-related disputes. As well as actions possession and for orders for sale brought against borrowers, this includes defending claims by borrowers alleging breaches of a mortgagee’s duties, disputes between lenders as to priorities, and claims against negligent valuers.

Representative 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.
  
• 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); [2007] UKHL (House of Lords)
  Whether 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.
  
• Conister Trust Ltd v John Hardman & Co [2009] CCLR 4 (Court of Appeal)
  Whether a solicitor in a litigation funding scheme was liable to his client’s creditor under an indemnity clause in respect of the client's "liability", where the credit agreement was wholly unenforceable under the Consumer Credit Act 1974.
  

His work in consumer protection involves advising and representing traders in relation to consumer protection legislation. This includes regulations covering unfair contract terms, unfair commercial practices, pricing, advertising, distance and doorstep selling, pyramid selling schemes, estate agency, package holidays and timeshare. He also practices in the fields of Food and food labelling regulation, cosmetics and cosmetics and medicines.

He advises and represents:

• Traders in civil claims, criminal prosecutions by Trading Standards Departments (in particular the Consumer Protection from Unfair Trading Regulations 2008) and in civil enforcement action brought by the Office of Fair Trading and other bodies under Part 8 of the Enterprise Act 2002.
• Television, internet, press and direct advertising, drafting or approving scripts and advertisement wording and making written representations to the relevant regulatory bodies. 
• In the field of the Unfair Terms in Consumer Contracts Regulations, William advises on contracts in many commercial fields. He was in the leading House of Lords case on the Regulations, Director General of the Office of Fair Trading v First National Bank Plc.
  

Representative Cases

• Adatia v Air Canada [1992] PIQR 238 (Court of Appeal): Meaning of “in the course of disembarkation” in the Warsaw Convention governing airline’s liability for personal injury to a passenger
• DPP v Computer Cab Co Ltd [1996] RTR. 130 (Divisional Court): whether point of hire in a radio taxi booking commenced when drivers stopped plying for hire on receipt of a radio message offering a booking and whether consequently pick-ups in areas where the taxi driver was not licensed to ply for hire were permitted.  
• Dudley Metropolitan Borough v Colorvision Plc [1996] GCCR 2135; [1997] CCLR 19 (Divisional Court): Appropriate test to apply to whether advertisement was misleading. 
• Popely 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. 
• 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.
  

William’s work with consumer protection legislation in a commercial context means that he is very experienced in commercial litigation and mediation in a wider context. His specialist areas of expertise are often only part of a broader civil dispute in contract or tort.

In addition to trials and mediations involving commercial disputes, he is fully familiar with a wide range of interlocutory proceedings in commercial litigation, including freezing injunctions. He has also defended traders facing High Court action by the Financial Services Authority, the Office of Fair Trading, the Civil Aviation Authority  

He recently acted in an action on a building contract in the Technology and Construction Court (where the issue was whether liquidated damages clauses were unlawful penalties), and in the mediation of a dispute between partners in a foreign holiday resort development, while his work in the area of food safety led to him acting in a contract dispute over the question whether grain contaminated by rats was fit for use in distilling.

• 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.
  
• 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); [2007] UKHL (House of Lords)
  Whether 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.
  
• Conister Trust Ltd v John Hardman & Co [2009] CCLR 4 (Court of Appeal)
  Whether a solicitor in a litigation funding scheme was liable to his client’s creditor under an indemnity clause in respect of the client's "liability", where the credit agreement was wholly unenforceable under the Consumer Credit Act 1974.
  
• Adatia v Air Canada [1992] PIQR 238 (Court of Appeal): Meaning of “in the course of disembarkation” in the Warsaw Convention governing airline’s liability for personal injury to a passenger 
• DPP v Computer Cab Co Ltd [1996] RTR. 130 (Divisional Court): whether point of hire in a radio taxi booking commenced when drivers stopped plying for hire on receipt of a radio message offering a booking and whether consequently pick-ups in areas where the taxi driver was not licensed to ply for hire were permitted.  
• Dudley Metropolitan Borough v Colorvision Plc [1996] GCCR 2135; [1997] CCLR 19 (Divisional Court): Appropriate test to apply to whether advertisement was misleading. 
• Popely 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. 
• 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.