A consumer rights barrister you can instruct directly.
Advice and representation in consumer contract disputes under the Consumer Rights Act 2015, from faulty goods and poor workmanship to vehicle finance and unfair terms.
Consumer disputes are rarely about the law being unclear. They are about a trader who will not engage, a claim that is worth too little to justify a solicitor on the clock, and a consumer who needs to know whether the case is worth pursuing at all. A short piece of work from a barrister answers that question quickly and cheaply.
Clerk&Counsel introduces independent barristers on direct access, which means you instruct counsel yourself without going through a solicitor. For most consumer claims that is the right structure. The fee is fixed, the advice is written by the person who would argue the case, and you stay in control of how far the matter goes.
Where the value or complexity justifies it, the same counsel can run the claim from start to finish, including issuing proceedings where they hold a litigation extension from the Bar Standards Board. Where an ombudsman or trade scheme would give you a faster and cheaper answer, counsel will tell you that instead.
Consumer disputes counsel advises on.
- Faulty or misdescribed goods, including vehicles, appliances and electronics.
- Poor workmanship by builders, tradespeople, installers and home improvement firms.
- Cancelled or defective services, holidays, events and subscription arrangements.
- Motor finance, hire purchase and conditional sale disputes, including voluntary termination.
- Unfair terms and hidden charges in standard form consumer contracts.
- Misleading advertising, pre-contract statements and misrepresentation.
- Deposits withheld and part completed work abandoned.
- Chargeback, section 75 and consequential loss claims running alongside the contract case.
What the Consumer Rights Act gives you.
Goods supplied to a consumer must be of satisfactory quality, fit for any purpose made known to the trader and as described. If they are not, the short term right to reject applies for thirty days, followed by a right to repair or replacement, and then a price reduction or a final right to reject if the trader cannot put things right within a reasonable time and without significant inconvenience.
Services must be performed with reasonable care and skill, within a reasonable time and for a reasonable price where none was agreed. The remedies are repeat performance or a price reduction, and a consumer can also claim damages for consequential loss caused by the failure.
Digital content has its own standards, and unfair terms in a consumer contract are not binding at all. Counsel will identify which route gives the strongest claim on your facts and whether any statement made before the contract adds a misrepresentation claim on top.
Complaint, ombudsman or court claim.
Start with a written complaint that sets out the defect, the remedy sought and a deadline. Keep it factual and short, and keep every reply. Many traders settle at this stage once they see that the consumer knows which statutory right is being relied on.
In regulated sectors an ombudsman decision is free to the consumer and binding on the business if accepted. That is normally the better route where it is available. Elsewhere the small claims track handles most consumer claims, with a simplified procedure, limited costs recovery and a hearing before a district judge.
Larger claims, particularly building and vehicle disputes with expert evidence, are allocated to the fast or intermediate track. Costs recovery there is real, and so is costs risk, which makes an early merits view worth having before proceedings are issued.
Proportionate fixed fees.
Every piece of work is quoted in advance. A written advice on merits and remedies, a drafted letter before claim, a set of particulars of claim or attendance at a hearing each carry their own fixed figure.
Because costs recovery is restricted on the small claims track, counsel will suggest the smallest amount of assistance that gets you a good outcome. Often that is a single advice plus a drafted claim, with the consumer conducting the hearing themselves.
Where the claim is worth pursuing on a larger track, fees can be staged across the timetable so they fall due at recognised points rather than in a single payment.
Specialist areas within this practice.
- Breach of contract barrister
Contract claims for businesses and individuals.
- Misrepresentation claims
When you were induced into a deal by a false statement.
- Direct access barristers
How instructing counsel without a solicitor works.
- Help for litigants in person
Support if you are running the case yourself.
Tell us what you bought and what went wrong.
Send the order, the correspondence and a short summary of the problem. We will come back with counsel options and a fixed fee for the work that actually helps.
Common questions.
What rights do I have when goods or services are faulty?
Under the Consumer Rights Act 2015 goods must be of satisfactory quality, fit for purpose and as described, and services must be carried out with reasonable care and skill. Remedies include rejection within thirty days, repair or replacement, and a price reduction or final right to reject if the problem is not put right.
Can a barrister help with a small claim?
Yes. Many consumer disputes fall on the small claims track where costs recovery is limited, so a fixed fee piece of work such as a written advice or a drafted claim form is usually the sensible level of help. Counsel can also appear at the final hearing if you want representation.
What is an unfair contract term?
A term in a consumer contract that has not been individually negotiated and creates a significant imbalance in the parties' rights to the detriment of the consumer can be held unfair and therefore not binding. Price and main subject matter terms are assessed only if they are not transparent and prominent.
Do I need to complain to an ombudsman first?
In regulated sectors such as financial services, energy and telecoms an ombudsman scheme is usually free and should be tried before litigation. Counsel can advise on whether the scheme is likely to give you a better outcome than a court claim and how to frame the complaint.
How much does a consumer rights barrister cost?
Work is quoted as a fixed fee against the papers. For a small claims matter that might be a single advice or a drafted set of particulars, and for a fast track claim it may extend to advocacy at the trial. You will always have the figure in writing before work begins.