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Robin is a specialist regulatory barrister with particular experience of banking and financial services, consumer credit, trading standards, and consumer law. He appears regularly in both the civil and the criminal courts and is well placed to advise on issues where the two jurisdictions meet.

 

Robin undertakes the full scope of advisory, drafting, and court work in this area. Although he focusses primarily on regulated lending and retail banking cases, Robin has a wide range of general financial services work. In 2017 and again in 2018, he was seconded to the Financial Conduct Authority where he worked as a member of the EU Planning and Coordination Team advising and assisting the Authority in its response to Brexit. He is a general editor of The Encyclopedia of Financial Services Law, co-author of A Practitioner’s Guide to the UK Financial Services Rulebooks, and author of a number of published articles on related topics.

Contentious – Robin is regularly instructed by banks and lenders in contentious proceedings. He has experience of unfair relationship claims, enforceability disputes, possession proceedings, unfair terms, penal interest rates, insurance product mis-selling, and hire-purchase agreements.

Non-contentious – Robin undertakes a wide variety of drafting and advisory work. He has been instructed by financial institutions in the context of securitisations and acquisitions in relation to compliance with the Financial Services and Markets Act 2000, the FCA Handbook (including MCOB and CONC), and the Consumer Credit Act 1974. He has worked on document reviews, advised lenders on notices and statements, and drafted account terms and conditions. He also has experience of other related matters such as FCA authorisation, payment services, financial promotions, and collective investment schemes.

 

Notable Cases

(As sole counsel)

  • Re: a Healthcare Business (2018): advised a healthcare business in relation to the proposed acquisition of a private hospital. Advice covered compliance with sector-specific competition legislation and regulation of financial promotions under FSMA;
  • Re: a Bank (2018): drafted terms and conditions governing fixed rate bond accounts (both consumer and commercial) for a retail bank;
  • Re: a Sportsman (2017): advised a celebrity sportsman on the enforceability of a c.£500,000 loan made to a friend on the set of a television show;
  • Paratus AMC Ltd v Muhoro (Chelmsford County Court) (2017): successfully represented the claimant lender in appellate proceedings arising out of a mortgage dispute;
  • Re: a Novel Payment Service (2017): advised a German company on compliance with the Payment Services Directives (both as a matter of EU law and in the domestic UK context) in respect of novel fintech developed by it;
  • Kline v Halifax Share Dealing Ltd (Gloucester County Court) (2016): successfully represented the defendant in a claim made by a rare earth minerals trader for breach of COBS.

 

Robin undertakes a range of general commercial work. He has particular experience of high-value property litigation, both led and as sole counsel.

Other commercial cases have included agency disputes, civil fraud, insurance litigation, misrepresentation claims, and allegations of professional negligence. He also represents businesses in proceedings involving contracts for the sale or supply of goods and services.

 

Notable Cases

  • AB Ltd v CD Ltd (High Court, Ch D) (2018): acting for the claimant property developer in a c.£6 million claim for breach of a joint venture agreement (led by Fred Philpott);
  • HDI Ltd v GH Ltd (High Court, Ch D) (2017): gave pre-action advice on merits and drafted pleadings in a c.£4 million dispute concerning a residential property development in central London (led by Fred Philpott);
  • F Ltd v VB Ltd (Central London County Court) (2017): represented the claimant property developer in a claim for c.£100,000 arising out of an exclusivity agreement (sole counsel);
  • IC Ltd v FI Lux SARL (High Court, Ch D) (2016): drafted pleadings and advised the claimant property developer in a dispute concerning ownership of a c.£32 million site in west London (led by Richard Millett QC and Fred Philpott)

Robin undertakes both civil and criminal work in this area. He regularly appears in the Crown Court and Magistrates’ Courts in a range of regulatory proceedings and is instructed by both prosecuting authorities and defendants.

He has experience of trading standards prosecutions, unfair commercial practices, counterfeiting and trade marks offences, money laundering, consumer protection offences, product safety, food safety and labelling, civil enforcement under the Enterprise Act 2002, and asset forfeiture. Robin also undertakes advisory work in these areas.

Robin is a contributing editor of Consumer and Trading Standards: Law and Practice, 4th – 6th editions (‘the Pink Book’), author of the criminal law chapter in Miller: Product Liability and Safety Encyclopaedia, and former editor of the Consumer and Trading Law Cases law reports (2015 – 2018). He has delivered seminars on related subjects, including to the Chartered Trading Standards Institute, and is a regular contributor to Gough Square Live.

 

Notable Cases

(As sole counsel)

  • Re: a Distance Marketing Company (2018): advising and acting for a European distance marketing company in an ongoing dispute with trading standards concerning its compliance with the Consumer Protection from Unfair Trading Regulations 2008;
  • Re: an Accountancy Firm (2017): advised a firm of accountants on compliance with, and the enforceability of its historic customer agreements as a result of, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
  • Birmingham City Council v Kout Food Group Ltd (Birmingham Magistrates Court) (2017): represented the Defendant food business operator in a food hygiene prosecution;
  • West Midlands Regional Organised Crime Unit v TF (Birmingham Magistrates Court) (2016): represented the Defendant in asset forfeiture proceedings.

General Editor of The Encyclopedia of Financial Services Law, loose leaf, Sweet & Maxwell (together with Jonathan Kirk QC)

Author of A Practitioner’s Guide to the UK Financial Services Rulebooks, 7th Edition (chapter on CONC – the Consumer Credit Sourcebook)

Contributing editor to Consumer and Trading Standards: Law and Practice (‘the Pink Book’), 4th – 6th Editions, Jordans

Author of Miller: Product Liability and Safety Encyclopaedia (Division IV – Criminal Law: Product Safety)

Default interest rates and the doctrine of penalties“, TS Today, May 2016

“When the clock is ticking – time limits and regulatory offences”, TS Today, March 2016

New FIRs in a nutshell, TS Today, January 2015 (co-author with Jonathan Goulding and Anna Medvinskaia)

The ETOA case and Item 1(d) public interest exemptions, Tax Journal, January 2013 (co-author with Hugo Flaux)

Financial Services Lawyers Association

Association of Regulatory & Disciplinary Lawyers

Robin’s privacy notice may be viewed here: Privacy Notice

VAT number: 290 3275 06