Anna Medvinskaia

Anna has extensive experience acting on behalf of businesses and regulators in this area, particularly in the field of e-commerce, unfair terms, and advertising and pricing.

Examples of recent work include:

• Acting for the CMA in a number of enforcement actions relating to fake online reviews, green claims and unfair pricing practices.
• Representing defendants, claimants and interveners in group actions, or proposed group actions, in relation to unfair terms under the Consumer Rights Act 2015.
• Acting for the CAA in relation to proposed enforcement action under Part 8 of the Enterprise Act 2002.
• Advising online marketplaces and social media platforms in relation to a range of UK and EU consumer law issues, including price variation clauses, the application of consumer law to apps intended for business use, and regulatory divergence.
• Drafting submissions before the Independent Reviewer of ASA Adjudications and acting in judicial review proceedings against the ASA (settled).

Representative cases

• Bewlay v Wyldecrest Parks (Management) Limited (settled)

  Acting (as sole counsel) for a regulator in a proposed intervention in a group claim under the Consumer Rights Act 2015.

• CMA v an energy company

  Acting (led by Toby Riley-Smith KC) for the CMA in enforcement proceedings against an energy company in relation to the use of green claims.

• CMA v an online platform

  Acting (led by Catherine Addy KC) for the CMA in enforcement proceedings against an online platform in relation to online reviews.

• CMA v an online marketplace

  Acting (led by Alexander Cook KC) for the CMA in enforcement proceedings against an online marketplace in relation to the use of countdown timers and drip pricing.

• Gahan v Emirates [2017] EWCA Civ 1530

  Representing (led by Iain MacDonald) the Civil Aviation Authority in proceedings relating to the territorial scope of Regulation 261/2004 on passenger compensation.

• R. (Kingston upon Hull City Council v Secretary of State for Business, Innovation and Skills [2016] EWHC 1064 (Admin)

  Acting (as sole counsel) for a local authority in a judicial review in relation to the Primary Authority scheme.

Anna has expertise in EU law and in relation to legal issues arising from Brexit. Her recent experience includes:

• Advising a regulator in relation to the application of assimilated case law to post-Brexit domestic legislation.
• Providing an expert opinion to a German Court in relation to the application of UK unfair terms legislation to a claim against a British company.
• Advising the Government on the implications of the Retained EU Law (Revocation and Reform) Bill (as it then was) for consumer protection in the aviation sector.
• Advising various businesses in relation to the post-Brexit export of regulated products.

Anna taught EU Law at the London School of Economics and spent three months at the European Commission, where she worked on cross-border consumer enforcement. She is a member of the Bar Council’s European Committee and the Bar European Group.

Representative cases

• Gahan v Emirates [2017] EWCA Civ 1530

  Representing (led by Iain MacDonald) the Civil Aviation Authority in proceedings relating to the territorial scope of Regulation 261/2004 on passenger compensation.

Anna has represented defendants, claimants and interveners in group actions, or proposed group actions, particularly in relation to unfair terms under the Consumer Rights Act 2015.

Representative cases

• Bewlay v Wyldecrest Parks (Management) Limited (settled)

  Acting (as sole counsel) for a regulator in a proposed intervention in a group claim under the Consumer Rights Act 2015.

Anna regularly acts on behalf of banks and financial institutions in interim applications and trials, particularly in the fields of insurance mis-selling and consumer credit.

She was seconded to the FCA, where she advised on the applicability of the temporary permissions regime to various aspects of the FCA Handbook.

Anna is a contributing editor to The Encyclopedia of Financial Services Law (Sweet & Maxwell, 2024).

Anna has significant experience in this sector. Her relevant experience includes:

• Advising a major online travel agent on the use of unfair terms (Consumer Rights Act 2015) and unfair commercial practices (Consumer Protection from Unfair Trading Regulations 2008);
• Advising the Civil Aviation Authority on the application of the ATOL Regulations to consumers in the Crown Dependencies;
• Advising the Department for Transport on the implications of the REUL Bill on consumer protection in the aviation sector.
• Acting for the CAA in relation to proposed judicial review proceedings by an online travel agent in relation to the interpretation of the ATOL Regulations.
• Advising the CAA on the impact of a no-deal Brexit on organiser liability under the Package Travel Regulations and on compensation claims under Regulation 261/2004;
• Advising the CAA on passenger use of emotional support dogs on aircraft under Regulation 1107/2006;
• Advising the CAA on proceedings under Part 8 of the Enterprise Act 2002 against a tour operator (in relation to breaches of the ATOL Regulations and the Consumer Protection from Unfair Trading Regulations 2008).

Representative cases

• Jet2.com v Civil Aviation Authority [2020] EWCA Civ 35

  Acting (led by Sam Grodzinski KC and Tamara Oppenheimer KC) for the CAA in a leading case on legal professional privilege, arising out of judicial review proceedings brought by Jet2 in respect of a CAA press release criticising the airline.

• Jet2.com Ltd v Civil Aviation Authority [2019] EWHC 336 (Admin); [2019] 2 WLUK 270

  Acting (led by Sam Grodzinski KC and Iain Macdonald) for the CAA in judicial review proceedings brought by Jet2 in relation to a CAA press release criticising the airline.

• Gahan v Emirates [2017] EWCA Civ 1530

  Representing (led by Iain MacDonald) the Civil Aviation Authority in proceedings relating to the territorial scope of Regulation 261/2004 on passenger compensation.

Anna has experience of general commercial disputes, including the sale and supply of goods and services, insolvency, insurance and agency disputes. She also has experience dealing with jurisdictional issues and is well-versed in the law of privilege.

Examples of work in this area include:

• Representing the HMRC in a dispute relating to a regulated entity’s claim to legal professional privilege.
• Successfully acting for a fund management company in relation to the recovery of a loan made to a business associate of the company director.
• Representing an insurance intermediary in a claim for the recovery of unpaid commission.
• Advising a private equity firm in relation to the acquisition of a portfolio (led by Stephen Neville).
• Advising a US tech company in relation to a potential claim against a competitor.

Representative cases

• R (on the application of Jet2.com Ltd) v CAA [2020] EWCA Civ 35

  Acting (led by Sam Grodzinski KC and Tamara Oppenheimer KC) for the CAA in a leading case on legal professional privilege.

Anna has experience of inquests in the food and pharmaceutical sectors.

Representative cases

• Inquest into the deaths of Yousef Al-Kharboush, Oscar Barker and Aviva Otte (2024)

  Acted for a large pharmaceutical company in a three-week inquest into the death of infants in NHS hospitals following the contamination of parenteral nutrition.

Anna’s practice often touches on international law issues, including:

• Jurisdiction and choice of law issues in private litigation;
• The extraterritorial application of domestic legislation in the context of enforcement proceedings;
• The interplay between international agreements and domestic and EU legislation.

Representative cases

• Gahan v Emirates [2017] EWCA Civ 1530

  Representing (led by Iain MacDonald) the Civil Aviation Authority in proceedings relating to the territorial scope of Regulation 261/2004 on passenger compensation.