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Lee is a specialist consumer law barrister. He accepts instructions for advisory, drafting and court work in all of Chambers’ main practice areas, particularly financial services, consumer and regulatory law.

Lee has specific experience advising and representing financial institutions on alleged product mis-selling, banking disputes, Financial Conduct Authority requirements and matters relating to the Consumer Credit Act 1974. Further, in his role as a consumer law barrister, Lee is well acquainted with consumer contract claims and regularly advises businesses on compliance with consumer legislation, including the Consumer Rights Act 2015 (and its predecessor legislation), the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In the past 12 months, Lee has carried out such work for a university, an international car rental company, a major bank, a racecourse operator, a gym and a national funeral service provider.

Lee also represents individuals and companies before a range of regulatory tribunals and has experience prosecuting and defending regulatory matters in both Magistrates’ and Crown Courts.

Before commencing work at the Bar, Lee worked at the Financial Ombudsman Service, principally dealing with financial mis-selling complaints.

Lee has extensive experience advising and representing financial institutions on a broad range of banking and consumer credit matters including:

  • credit mis-selling;
  • insurance mis-selling;
  • mortgage mis-selling;
  • connected lender liability under section 75 of the Consumer Credit Act 1974;
  • unfair relationship claims under section 140A of the Consumer Credit Act 1974;
  • alleged penalties and unfair terms;
  • advertising;
  • enforceability disputes;
  • the provision of statutory notices and copy documents;
  • issues surrounding green deal consumer credit agreements; and
  • disputes relating to hire-purchase agreements.

Lee has also been instructed to advise on whether or not certain business propositions amount to regulated activities under the Financial Services and Markets Act 2000 and has experience of drafting and reviewing financial documentation. Lee also advises creditors on compliance with the FCA’s handbook and has experience of hearings concerning the revoking of consumer credit licenses.

Lee regularly advises companies and professionals on regulatory compliance risks. This often involves advising on the regulatory issues surrounding proposed business ventures and reviewing terms and conditions for compliance with the various consumer protection laws.

This regulatory work also involves prosecuting and defending actions in the magistrates and Crown Courts. Lee has acted in a broad range of criminal regulatory matters, including prosecutions involving the Consumer Protection from Unfair Trading Regulations 2008, the Proceeds of Crime Act 2002, the Food Safety Act 1990, The Food Hygiene (England) Regulations 2013, the Building Act 1984 and the Road Traffic Act 1988.

Lee has developed a specific practice dealing with the “Green Deal” and other renewable energy incentives. Lee has advised a number of clients in relation to solar panels and other renewable energy products, Smart Meters, Feed In Tariffs, the Renewable Heat Incentive, the Renewable Energy Consumer Code, ownership arrangements, documentary requirements, mis-selling and other regulatory risks.

Lee also has experience drafting particulars of claim for enforcement action under the Enterprise Act 2002.

Lee has been instructed as a specialist consumer law barrister in a wide range of commercial matters including cases involving:

  • the sale of goods;
  • the supply of goods and services;
  • distance selling;
  • doorstep selling;
  • timeshare agreements; and
  • alleged unfair terms.
  • Moore & Hegelund v National Westminster Bank plc [2017]: Lee represented the Defendant in a claim regarding a defective survey of a mortgaged property. The judge found that the Claimants could recover the cost of repairs and were not limited to the difference between what they paid for the property in reliance on the survey and what it was actually worth  (appeal pending).
  • Universal Advanced Technology Ltd v Lloyds Bank plc [2016]: Led by Giles Wheeler of Fountain Court, Lee represented the Respondent before the Court of Appeal. The Appellant argued that it was entitled to claim sums reversed from its account as a debt, the Respondent argued that this was a change of case from below and that, in any event, the Respondent would have a complete defence by way of a cross claim in unjust enrichment. The Appeal was dismissed. Lee had previously successfully represented Lloyds Bank at first instance and in the first appeal.
  • A Shade Greener Ltd v Ravenheat and Pickersgill [2016]: Led by Fred Philpott, Lee represented the Claimant in a multi-million pound dispute relating to the quality of over 3,000 domestic boilers. Lee and Fred were successful in joining the director of the Defendant company as a Second Defendant in his personal capacity and Lee oversaw an e-disclosure team which completed a large review against a very tight deadline. The matter settled on confidential terms.
  • Smart Save Solutions Ltd [2015]: Together with Jeremy Barnett, Lee represented Smart Save before the Renewable Energy Consumer Code (“RECC”) Adjudication Panel where it was accused of various breaches of the RECC Code. Smart Save admitted some breaches and denied others, each of which was addressed in detailed written and oral submissions. Ultimately, the Adjudication Panel imposed a period of enhanced monitoring but did not terminate Smart Save’s membership of the code.
  • Lincolnshire County Council v Sadiqi [2015]: Lincolnshire County Council brought a prosecution for offences under the Proceeds of Crime Act 2002 and the Trade Marks Act 1994 in relation to the sale of counterfeit tobacco products. Lee represented the Prosecution at the three day trial in Lincoln Crown Court.
  • Morgan & Morgan v Welcome Financial Services Limited [2014]: The Claimants sought damages and ancillary orders in relation to the alleged mis-sale of a number of insurance policies. Lee represented the Defendant at the trial in Manchester. The Defendant was unable to call any of the original sales representatives as witnesses; nevertheless, the claim was dismissed in its entirety.
  • MBNA Europe Bank Limited v Maak [2013]: Lee successfully represented the lender in a two day trial which focused on the veracity of a “true copy” of the credit agreement, whether a default notice had been properly served and whether the Claimant could rely on a contractual termination notice served in compliance with section 98A of the Consumer Credit Act.
  • Weatherill v Lloyds TSB Independent Financial Advisers Limited [2013]: The Claimant sought damages for the mis-sale of a mortgage endowment policy; the Defendant’s principal case was that the claim was statute-barred under the Limitation Act 1980. Lee represented the Defendant at first instance and at the appeal. The claim and appeal were both dismissed.

“A very detail-specific and tenacious lawyer with a very good advocacy style. He is able to relate well to clients.” Chambers & Partners 2019

“Lee has a pragmatic approach, is commercially aware and provides clear advice which can be understood.” Chambers & Partners 2019

Lee is authorised to accept direct access instructions and will act on this basis, usually for businesses and professionals.

  • Contributing editor to ‘Consumer and Trading Standards: Law and Practice’ (‘the Pink Book’), Jordan (2018)
  • Regular contributor to Chambers’ monthly financial services column for Practical Law
  • Author for Lexis Nexis’ Q&As and Practice Notes
  • Author of various Westlaw “Insight” articles including:
    •  “The Financial Ombudsman Service”
    •  “Consumer Credit Agreements: Withdrawal and Cancellation”
    •  “Weights and Measures”

Lee is a keen runner, a film enthusiast and an overly ambitious amateur cook.

Who I am

I am a specialist consumer law barrister providing legal services at Gough Square Chambers. You can contact me at lee.finch@goughsq.co.uk , on 0207 353 0924 or at Gough Square Chambers, 6-7 Gough Square, London EC4A 3DE.

I am also Head of Pupillage at Gough Square Chambers.

 

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As Head of Pupillage, I also process information to allow me to run the pupillage recruitment process.

 

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