Ten Top Tips Current Law and Practice Jonathan

‘Ten Top Tips Current Law and Practice ’ Jonathan Goulding Cameron Crowe GOUGH SQUARE CHAMBERS

2 1. S. 222 Local Government Act • What cases can local authorities bring under s. 222 LGA. Where it is “expedient to do so in the interests of the inhabitants of their area” • R v AB and others [2017] EWCA Crim 534. The Court of Appeal said a local authority did not have power to bring proceedings for a legal aid fraud. • Where is the line? • Schedule 5 part 6 Consumer Rights Act 2015. A local authority may prosecute a ‘consumer offence’committed outside its area.

3 2. Legal Professional Privilege • Seized material containing LLP material – very important consideration for TS. • SFO V Eurasian [2014] EWHC 1017. Important case. Decides, inter alia, in respect of corporations legal advice privilege only attaches to communications between lawyers and persons authorised to obtain legal advice. • Investigator - practice to segregate any suspected LPP material whether documentary or soft material on computers. • Independent Counsel to inspect. • Eurasian being appealed.

4 3. Letting Agents • S. 83 Consumer Rights Act 2015 requires description of a letting agents administration fees. • London Borough of Camden v Foxtons Limited [2017]UKUT 349 (AAC) • A one off administration fee of £ 420 without sufficient description of what services were included “did not go far enough to enable consumers to understand the service that is covered by the fee” • Penalty Charge Notices increased to £ 4, 500 on each of 4 notices.

5 4. Important CPRs and UTCCR cases • Citroen Commerce C-476/14 - final price of motor car covered by the Price Indications Directive and not the UCPD. • Gelvora C-357/16, debt recovery services are “products” for the purposes of the CPRs. Irrelevant that a bank provided the original. • Ashfaq [2017] EWCA Civ 357 UTCCR case. A persons status as a consumer not synonymous with being an individual.

6 5. Product Recall • The Current Regime – Safety Notices. • The need for expert evidence. • Are Product Recall statistics helpful? • Primary Authority or Enforcer ? Potential Conflict. • Is an overhaul of the system required? • Recent cases

7 6. Pricing Practices Guide • The Pricing Practices Guide (“PPG” ) 2016. • Misleading Prices Practices. • Reference Pricing. • Price Promotions. • Additional Charges/Small Print.

8 7. Investigating cases – keep it simple • Identify the elements of the offence that is being investigated. • Identify and adduce only the evidence that proves the elements of the offence. • Consider points made by the defence in interview and close them off evidentially. • Continuity. Keep numbering simple and consistent. Have a standard approach. • Keep it simple!

9 8. Investigating cases – why cases are lost • Disclosure failings. Ensure clear structures are set up. Allocate roles and responsibilities. Understand the regime and take legal advice if necessary. • Warrants invaildly obtained. Not a tick box exercise. Applications to be on sound evidential basis with full and frank disclosure. • Expert failings – cases requiring genuine technical expertise must be conducted with independent expert evidence. • Resources – not permitting TS to investigate fully. Sometimes alternative resolutions accepted where prosecution is the only appropriate course.

9 9. Investigating cases – big cases • When does a ‘practice’ become ‘fraud’? • Large numbers of complainants. When to stop investigating? • Evidence collection. • Use of questionnaires. • Preparing for trial. • Involvement of counsel from an early stage.

9 11 10. Sentencing • No specific guidelines for Consumer offences (save food). • Definitive Guidelines for Health and Safety and Food Safety Offences. • Turnover based sentences prescribed by level of culpability and harm. • Corporations being fined much more than pre-guideline. • Analagous to TS cases? Product safety, CPRs?