Iain MacDonald

Iain offers expertise in all aspects of consumer finance work and the regulation of this area by the FCA.  His work includes drafting of regulated agreements, advising on agreements for the purposes of securitisation or acquisition, litigation arising from enforceability issues and unfair relationship claims.  He is very experienced in contesting allegations relating to the mis-selling of financial products, including PPI and motor finance. He is an editor of the Encyclopaedia of Financial Services Law (Sweet & Maxwell).

Iain is able to offer a very broad base of knowledge and experience across the full range of consumer and regulatory law.  This includes the prosecution and defence of regulatory offences at every level of the criminal justice system.  His work in this area has included issues such as unfair commercial practices within the Consumer Protection from Unfair Trading Regulations 2008 (including pricing issues and sales practices), food safety and hygiene, health and safety and fire safety and weights and measures issues.

Iain is also vastly experienced in the civil aspects of regulatory law, particularly applications under the Enterprise Act 2002.  In addition to litigation in this area, Iain is regularly involved in the provision of advice on regulatory compliance (such as advice on the drafting of consumer contracts, sales scripts and other marketing issues) and meeting regulatory enforcement action.

Iain is an editor of the “Pink Book” (Consumer and Trading Standards: Law and Practice published by Lexis Nexis, now in its 10th (2022) edition)

Trading Standards Conference 2015: talks available

July 2, 2015

Iain MacDonald appointed as a Recorder

May 24, 2023

Gough Square Chambers Shortlisted for 6 Group Litigation and Consumer awards at The Legal 500 Bar Awards 2023

July 13, 2023

Chambers & Partners ranks Gough Square as Number 1 for Consumer Law

November 3, 2023

Reported cases include the following:

• Soleymani v Nifty Gateway LLC [2022] EWHC 773 (Comm) (High Court) and [2022] EWCA Civ 1297 (Court of Appeal): Acting as co-counsel for the purchaser of NFT artwork by the artist “Beeple” who challenged the enforceability of the sale of the artwork by auction.  The claim raised complex issue of conflict of laws and the application of the Consumer Rights Act 2015 to the transaction, in addition to issues of jurisdiction.
• Milne v Open Access Finance Ltd [2020] EWHC 1420 (Ch): Acting for the Defendant, a peer to peer lending platform, in a High Court claim concerning alleged regulatory breaches and misrepresentation.  The reported decision concerned the Claimant’s appeal against a decision by the Chief Master refusing an application for disclosure of the identity of the individual lenders.
• R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2018] EWHC 3364 (Admin): Acting for the CAA in a judicial review claim, the decision in question concerning a public authority’s duty of candour and issues of legal advice privilege;
• Gahan v Emirates [2018] 1 W.L.R. 2287: Acting for the CAA in its successful application to intervene in the Court of Appeal in a case concerning the application of EC Regulation 261/2004 to the payment of compensation for delayed flights which involved non-EC airlines and delay to a journey involving a departure from a non-EU airport (leading Anna Medvinskaia);
• Torfaen CBC v. Douglas Willis Limited [2013] UKSC 59: junior counsel for the appellant local authority (led by Jonathan Kirk QC) in its successful appeal to the Supreme Court in a case concerning the application of the law relating to use-by dates on food;
• Harrison v Link Financial Ltd [2011] E.C.C. 26: acting for the defendant in the Mercantile Court in a claim alleging unenforceability of a credit card agreement;
• Sternlight & Ors v Barclays Bank plc & Ors [2010] EWHC 1865 (QB); [2010] C.T.L.C. 115: acting for Bank of Scotland in Manchester Mercantile Court, successfully applying for strike out of multiple claims alleging unenforceability of regulated consumer credit agreements due to alleged incorrect statements of interest rates;
• Black Horse Limited v Speak [2010] EWHC 1866 (QB); [2010] C.T.L.C. 211: acting for the lender in a test case in the Manchester Mercantile Court concerning alleged mis-selling of payment protection insurance;
• R v. Higgs [2009] 1 W.L.R. 73: acting for the prosecution (Bristol City Council) in the Court of Appeal on an appeal on a point of law following the conviction of a supplier of “modchips” under the Copyright Designs and Patents Act 1988 after a two week Crown Court trial;
• Office of Fair Trading v. Lloyds TSB and others [2007] QB 1 (Court of Appeal); [2008] 1 A.C. 316 (House of Lords):  representing American Express in the High Court, Court of Appeal and the House of Lords opposing the OFT’s application for a declaration that s.75 of the Consumer Credit Act 1974 applies to credit card transactions overseas;
• Harlow District Council v. Greene King Plc [2004] 1 W.L.R. 2338: acting for Harlow DC in the Divisional Court in a case concerning the issue of whether a holding company could be a “proprietor” of a food business.

• Editor of the Encyclopaedia of Financial Services Law (Sweet & Maxwell)
• Editor of the “Pink Book” (Consumer and Trading Standards: Law and Practice published by Lexis Nexis, now in its 10th (2022) edition)
• Co-author of Food Standards Regulation: The New Law (Jordans, 2000)

Consistently ranked in Band 1 for leading juniors in consumer law by the Chambers and Partners Directory. Ranked as a leading junior in consumer law (Tier 1), banking and finance and financial services regulation by the Legal 500.

• Iain’s drafting of statements of case is, in a word, excellent. It is second only to his advocacy skills which shine with expertise and a knowledge that many others could only aspire to.’” [Legal 500] [2022]
• “extremely bright but also very personable. He is great with clients and has the ability to make them feel at ease very quickly. His subject knowledge is superb and his advocacy is class” [Legal 500] [2022]
• “Offers technical, legal expertise of the highest quality and recognises what the client requires” [Chambers and Partners] [2022]
• “receives high praise from clients when they see him in action. His drafting skills are second to none.” [Chambers and Partners] [2022]
• “He is diligent, on top of the detail and commercial in his advice, and also an impressive advocate” [Legal 500] [2020]
• “A highly intelligent, thoughtful and extremely able lawyer who always adds value” [Legal 500] [2020]
• “Iain is no-nonsense, straightforward and extraordinarily well-versed in his field.” [Chambers and Partners] [2020]

• BA (Hons) Jurisprudence; Merton College, Oxford

Iain joined the Bar Council’s Law Reform Committee in 2009 and was its chair from 2019-2022.  His work for the Committee involved drafting responses to a plethora of European and domestic proposals for consumer law reform, covering issues such as the Consumer Rights Bill, the transfer of consumer credit regulation from the OFT to the FCA and, more recently, proposals for the reform of the Consumer Credit Act.

During the Covid-19 pandemic and its aftermath Iain also chaired the Bar Council’s Restarting Criminal Justice Working Group (later the Criminal Justice Recovery Working Group), which was set up by the Chair of the Bar to assist with the problems created by the closure of criminal courts during lockdown.  Iain is now a member of the Climate Crisis Working Group.

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