William Hibbert

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, particularly the supply of goods and services, including financial services.

In addition to trials and mediations involving commercial disputes, he is experienced in a wide range of interlocutory proceedings in commercial litigation, including freezing injunctions. His practice in financial services and mortgages also means that he is fully familiar with chancery, company and insolvency proceedings.

He has also defended traders facing High Court action by the Financial Services Authority, the Office of Fair Trading, and the Civil Aviation Authority.

Representative cases

• RTA (Business Consultants) Ltd v Bracewell [2015] Bus. L.R. 800 (QB)

  Whether a breach of the Money Laundering Regulations 2007 by someone carrying on “estate agency work” meant that a contract made for the purposes of providing such work was illegal. Held that a person who was required to be registered under those Regulations but was not registered was prohibited from carrying on that work and the contract to carry it out was void for illegality.

• Sutherland Professional Funding Ltd v Bakewells [2013] EWHC 2685 (QB) (Mercantile Court)

  Whether a firm of solicitors had a primary obligation, rather than a guarantee obligation, under a facility agreement with a professional funding provider, to pay the sums due under a series of unenforceable consumer credit agreements between the funding provider and the firm’s personal injury clients.

• Meah v GE Money Home Finance Ltd [2013] EWHC 20 (Ch)

  A case examining the duties of a mortgagee on sale of a property and finding that, despite shortcomings in the way a property had been marketed, including advertising it at a grossly inadequate value, the mortgagee had not breached its duty to the mortgagor to take reasonable precautions to obtain the property’s true market value.

• 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.

• 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.

• 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 a development company.

• 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.

• 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.

• 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.

• 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.

• 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.