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

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.

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.

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.

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.

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

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

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!

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. 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.

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?