Themischambers.co.uk


Professional Profile
• A highly motivated, energetic barrister with twenty years practical experience of consumer protection, commercial, advertising and regulatory law. • A qualified trading standards officer working for local authorities for thirteen years before • Ability to be practical and make reasoned commercial decisions in dynamic environments, applying astute business sense and innovation, whilst balancing the needs of business, customers, stakeholders and regulators. • Authorised as a public access barrister offering a diverse group of clients an alternative and often more cost effective means of accessing justice, whilst remaining committed to ensuring a highly professional and ethical legal service. • An excellent communicator, assertive and articulate, and confident liaising with counsel, solicitors, businesses, clients and consumers alike, utilising effective evaluation and advisory skill to inform and influence. • Experienced in challenging, supporting and working with demanding, high performing • Methodical and analytical, employing a keen eye for detail, sound judgment and rational argument in contentious and non- contentious matters. • A forward thinking player capable of devising strategy and setting policies whilst applying commercial sense to decisions and problems. • Experienced in reporting to Board members and supporting Board members whilst maintaining independence of thought and judgment. • Capable of prioritising to ensure deadlines are met whilst remaining dedicated to achieving the highest standards in all tasks. Highly organised. • A proactive and approachable team player, equally capable of work alone, without any supervision, embracing new challenges with drive and a determination to succeed. • Ability to provide alternative solutions to unplanned events and challenges. • Committed to providing work of the highest standard whilst always striving to develop
Career Summary
March 2009 to date
Established Themis Chambers with clients from a diverse group, ranging from global and
UK SMEs to sole proprietors and consumers, including

Wonga.com Limited
• Instructed to review and advise the business in its “start-up” phase as an online lender in respect of advertising compliance, credit agreements, debt collection processes, data protection and intellectual property. To consider and develop new, innovative, compliant, credit application techniques. To advise on a new debt collection strategy. To advise the business as to the impact of the Consumer Credit Directive and Consumer White Paper. Reporting in each case to the CEO, Company Secretary and co-founder of the business. • Drafting of loan agreements between the business and its customers ensuring compliance with the Consumer Credit Act, the Unfair Terms in Consumer Contracts Regulations, Unfair Contracts Terms Act. • Drafting of commercial agreements, including debt sale agreement, consultancy agreements, affiliate agreements, hosting, web-advertising and licence software agreements and NDAs. • Assisting in collation of documents for disclosure as part of due diligence during funding • Reviewing existing commercial agreements and employment agreements. • Advising in respect of trading standards investigation into advertising practices. • Drafting all agreements and documentation following implementation of the EC Directive • Advising on compliance with Office of Fair Trading Codes and Guidance in particular Irresponsible Lending and Debt Collection. • Ensuring compliance with the BCAP and CAP Advertising Codes and assisting in discussions between the business and the ASA where breaches of the Codes were alleged. • Ensuring all complaints were dealt with in accordance with Financial Ombudsman Scheme. • Advising on all marketing and compliance issues concerning the use of SMS messaging, email distribution and mobile technologies, with particular reference to guidance published by the Information Commissioner’s Office. • Advising on promotions including Facebook promotions and associated competitions.
Cross Pond Media LLC/Global Response Partners LLC

• Instructed to advise the US based corporations in respect of UK credit brokerage, privacy laws and data protection for lead generation business, to ensure compliance with the Data Protection Act 1998, Privacy and Electronic (EC Directive) Regulations 2003 in particular in relation to consent and opt-outs for electronic marketing messages. • Drafting of terms and conditions and privacy policies. • Advising the business not only in relation to the strict application of the relevant legislation but also the impact of SMS and email marketing on consumers and the need for clarity and a swift response mechanism in relation to unsubscribe requests. • Provision of consumer protection advice in relation to message content, ensuring compliance with the Consumer Protection from Unfair Trading Regulations 2008 and CAP Code. Training Rooms PT Limited
• Instructed by the CEO to advise on compliance with distance selling regulations in relation to the sale of personal training courses online and/or over the telephone. • Drafting of online terms and conditions ensuring compliance with distance selling regulations, unfair contract terms legislation and data protection legislation. • Advising on web content to ensure compliance with any specific relevant legislation, i.e. the Consumer Credit (Advertisements) Regulations 2010, the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Marketing Regulations 2008 and relevant advertising Codes.
borro.com

• Instructed to advise on advertising compliance in relation to consumer credit and to assist in matters involving the Office of Fair Trading. • Ensuring advertising creates a call to action whilst making sure it is not misleading for consumers and is clear, honest and truthful.
Anderson Elms Limited

• Drafting of comprehensive compliance manuals for the business covering debt collection and debt management to ensure employees have access to a handbook covering all relevant legislative provisions, published guidance and/or associated Codes of Practice. The manuals not only set out many of the specific requirements required to ensure compliance but also contain practice guidance and examples to facilitate observance of such matters. • Negotiation of disputes with introducers and affiliates. • Advising on arm’s length agreements between connected businesses.
Belmont Thornton Limited

• Instructed to assist in securing compliance with the Ministry of Justice Conduct of Authorised Persons Rules 2007, Complaints Handling Rules 2006 and published Marketing and Advertising Claims Management Services Guidance. • Advising on business processes, complaints handling and marketing.
South Coast Catering Limited
• Defending the Company in a trading standards prosecution brought under section 6 of the Business Protection from Misleading Marketing Regulations 2008.
Totemic Limited trading as Red Potato

• Drafting of fixed loan agreement for online purchase of white goods. • Advising on advertising / financial promotions. • Advising on liability vis-à-vis supplier/retailer/installer. • Advising on Consumer Protection (Distance Selling Regulations) 2000, Unfair Contract Terms Act 1977, and Unfair Terms in Consumer Contracts Regulations 1999.
Global Cleaning plc

• Instructed to draft all documentation and business processes for business offering credit to
Elite Loans

• Advising on terms and conditions, data protection and compliant marketing.
Cash Genie
• Litigation involving non-payment of debt by consumer.
Premier Furniture International Limited
• Instructed to act for the supplier in a disputed insurance claim (involving significant sums) under a trade insurance policy following the administration a retailer.
World of Sofas Limited
• Instructed to provide advice on consumer credit media and point of sale advertising, including provision of warranty insurance as an appointed representative.
Lay clients (Direct Public Access)
• Representing a consumer in relation to the sale by a well-established prestige marque, motor dealer, of a high specification motor vehicle, in breach of the terms implied by the Sale of Goods Act 1979. • Negotiation of redundancy package resulting in payment to the client of an additional • Unfair dismissal/ race discrimination of a doctor and health professional. • Unfair dismissal/race discrimination of an individual from a large plc. • Unenforceable credit agreement matter. • Judicial Review of local authority decisions affecting hoteliers in holiday town.
Jan 2008 to Jan 2009
Land of Leather plc
Sole in-house counsel
Overview

• Reporting directly to the CEO on all commercial matters in particular product safety and insurance matters associated with a group litigation order in the High Court concerning furniture contaminated with di-methyl fumarate (“DMF”). • Instructing external leading Counsel and lawyers in respect of the same. • Regularly updating the local authority as to the measures being taken. • Leading and managing a legal and customer service team to deal effectively with a high volume of enquiries from consumers and stores. • Instructing medical, chemical and leather experts to report on DMF. • Working closely with insures and insurance brokers to expedite the claims process and to • Advising all management and staff across all 109 stores and 5 distribution centres as to the • Providing frequent updates to the executive management team as to the status and next
Consumer Law

• Responsible for managing all trading standards enquiries and prosecutions and other regulatory issues such as environmental protection and health and safety. • Responsibility for responding to Office of Fair Trading (OFT) and Advertising Standards • Responsibility for advising on all aspects of media and store advertising including credit • Review of web-site for compliance including compliance with data protection. • Ensuring product safety and advising upon merits of remedial action, due diligence policies • Improving existing work practices, such as traceability of actions/decisions with a view to • Responsible for staff training in all aspects of consumer and regulatory law including, pricing, descriptions, sale of goods, and furniture fire safety and product safety. • Review of consumer contract terms and conditions with particular regard to unfair contract
Civil litigation
• Responsibility for the management of all civil claims; • Drafting of documents in civil litigation; • Advising upon any terms of settlement where applicable.
Commercial contracts
• Advising all directors on commercial contracts. • Presenting to suppliers in event of renewal of policies /terms. • Review and negotiation of existing trade contracts with suppliers.
FSA compliance

• Where necessary assist compliance officer in ensuring FSA compliance in line with core • Keeping directors and compliance officer updated on FSA matters.
Employment/ property

• Advising on best course of action and next steps in some employment matters.
Intellectual Property

• Reviewing policies and legislation regarding intellectual property to ensure brand protection • Monitoring legislation, authorities, and all relevant codes of practice for recent or imminent changes which may impact on any aspect of the business. • Providing regular up-dates to the executive team on all legal aspects. • Employment and control of external legal partners. • Identification of areas requiring improvement and preparation of scheme for implementation of recommended improvements incorporating benefit/risk/cost analysis. Dec 2005 to January 2008
Tenant Gough Square Chambers
• Acting on behalf of clients ranging from large private organisations and local authorities, to
small businesses and individuals, demonstrating an ability to work with people at all levels. • Regularly instructed in matters in the county court, magistrates’ courts and the High Court, by Sainsbury’s Supermarkets Limited (“SSL”), the grocery retail division of J Sainsbury plc. These instructions to date have involved health and safety, food law, criminal consumer protection matters and civil disputes with individuals and other companies. These instructions are often direct, without an instructing solicitor being employed, reflecting the confidence and trust attained by the Company. • Holding conferences with clients to advise on case strategy. • Chairing meetings to discuss and assist in the resolution of disputes. • Prosecuting on behalf of local authorities in regulatory proceedings. • Acting as junior Counsel in a seven week fraud trial. • Acting for defendants in confiscation proceedings. • Often defending clients in proceedings brought by local authorities including Sunday trading, trade descriptions, product safety and trademarks. • Preparing talks for conferences, for example a presentation on imminent legislation implementing the Unfair Commercial Practices Directive in the UK.

2004-2005

Pupillage
Gough Square Chambers and J Sainsbury plc
• Working in-house, providing immediate, on-site legal advice to the Regulatory affairs team
with Group Legal at the Head Office of J Sainsbury plc. This advice covered all aspects of trading and consumer law, including advertising and marketing. • Advising senior management on the Group’s social responsibilities in relation to age • Liaising with regulatory bodies in order to advise Sainsbury’s and where necessary to negotiate matters in an attempt to prevent litigation. • Assisting in the development of revised training as part of the business’ Think 21 initiative. • Instructed as a second six pupil by Sainsbury’s Supermarkets Limited, when regulatory • In Chambers, assisting in the drafting of advice and opinions. These included various consumer credit issues, such as the liability of parties under section 75 of the Consumer Credit Act 1974, involving overseas transactions and the provision of advice to a major credit card issuer on alleged “unfair” charges. • Preparation of draft legal opinions, specific examples including opinions for a major telecommunication provider in relation to advertising matters and to a global travel business on the validity of electronic signatures. These matters were research intensive and required great attention to detail. • Assisting in defending regulatory proceedings brought against businesses of varying sizes. • Analysis of huge volumes of prosecution material disclosed at a very late stage in a “carousel” fraud. This required unwavering commitment to the task and an ability to quickly assimilate information and to make reasoned judgments as to its relevance. Preparation of the initial draft of an abuse of process argument arising from the same. .
Part-time work undertaken whilst studying
2003- 2004

Consultant Trading Standards Officer, Northamptonshire County Council
• Project managing “operations”, aimed at targeting identified areas of consumer concern.
• Reporting on the findings and where appropriate assisting businesses in achieving greater
Lawco Consultancy Limited
• Carrying out independent audits of large car dealerships on behalf of companies including
Audi UK, Bentley UK, H.R. Owen and the Marshall Motor Group. • Establishing levels of compliance with trading and consumer law, in particular advertising, • Identifying potential weaknesses in the company’s due diligence systems and Volunteer, Oxford Housing Rights Centre
• Providing free advice and representation as a lay advocate to tenants often facing
immediate eviction from their homes. This required excellent listening skills, sensitivity and an ability to quickly navigate discussions to the relevant issues.
Trading Standards Officer, Gloucestershire County Council
• As part of the Fair Trading Team, advising businesses of their legislative obligations.
Volunteer, Bail for Immigration for Detainees (BID), Oxford
• Interviewing immigrants, investigating individuals’ circumstances, employing sensitivity and
communicative skill, identifying rights for bail applications • Assisting in the preparation of bail applications for Counsel, applying succinct legal • Liaising with detention centres, port authorities and solicitors, employing confident • Attending training sessions on immigration and human rights law, acquiring in-depth knowledge on bail application preparation.
1998-2001

Trading Standards Team Leader, Surrey County Council
• Responsible for managing and leading a team of 10 officers.
• Heading the special projects team, leading a variety of projects aimed at addressing areas
of identified consumer concern, together with developing areas of law and commerce. These projects included areas such as distance selling, vehicle servicing, home improvements and repairs, product safety, under-age sales and pricing. • Researching emerging consumer markets and determining the likelihood and extent of potential consumer issues arising from them. • Devising and heading publicity campaigns, increasing consumer awareness and raising the • Establishing partnerships with high-profile agencies including Surrey Police, Vehicle Inspectorate, Office of Fair Trading, Customs and Excise, Benefits Agency, the Consumers Association, the BBC and Granada TV to ensure a joint approach to multi-agency issues and to improve lobbying power where necessary. • Keeping abreast of imminent changes in legislation. • Identifying illegal trading practices, deciding the most appropriate enforcement action. • Drafting and issuing advisory letters, trader guidance, formal written warnings, Home Office • Providing advocacy before magistrates’ courts in non-contested matters and liaising with Counsel in contested matters before higher courts. • As a member of the Senior Management team, responsible for setting and agreeing strategic aims and transposing the same into team goals and individuals’ performance measures. • Reviewing department performance and as a consequence heavily involved in managing a re-structure to ensure a more outcome focused approach to the business. • Actively engaged in the recruitment and retention of qualified staff within the department. • Jointly responsible for department budget in excess of £1m. • Managing and coaching team members via regular one-to-one meetings, advising staff in the preparation and collation of prosecution case reports ensuring statutory powers and best investigative practice were followed.
1987-1998

Trading Standards Officer, Newcastle-Upon-Tyne City Council
• Studying and attaining the Diploma in Trading Standards.
• Collaborating with a team of officers, investigating all areas of trading standards legislation,
collating and analysing evidence and intelligence in liaison with the police, the Office of Fair Trading and the Intelligence Investigative Services. • Advising businesses, as Home Authority Officer for Scottish and Newcastle Breweries, Lady in Leisure plc and Newcastle United Football Club (NUFC) on all aspects of relevant trading and consumer law, in particular trademark infringements against NUFC, • Providing civil advice to consumers. • Preparing prosecution reports and delivering evidence in court.
Qualifications & Training
2012:

Lexis Nexis Consumer Protection from Unfair Trading Practices Conference; 2011: Butterworth’s Consumer Credit Conference
2006:
Licensing and Gaming (Paterson’s 2 day course) Called to the Bar – The Honourable Society of the Inner Temple
Bar Vocational Course (BVC) – Grade - Very Competent (options in Company law and Intellectual property) Update on Immigration Law and the Human Rights Act course BA Law (Hons.) 2:1 (Greenwich University)
Dissertation – An analysis of the impact of the Human Rights Act
1998 on the work of trading standards departments
Criminal Procedure & Investigations Act Surveillance Techniques & Evidence Gathering Criminal Procedure & Investigations Act Diploma in Trading Standards

Source: http://themischambers.co.uk/docs/CV-Karen-Taylor-03-2013.pdf

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