Civil Litigation
Consumer Rights Disputes Barristers
Advice and representation for individuals in disputes over faulty goods, poor workmanship, digital content and unfair terms under the Consumer Rights Act 2015.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
When you buy goods, services or digital content from a trader as an individual, the Consumer Rights Act 2015 sets out terms the law reads into the contract whether or not they appear in the paperwork. Goods must be of satisfactory quality, fit for any particular purpose you made known, and match their description (sections 9 to 11). Services must be performed with reasonable care and skill (section 49), and anything the trader told you about the service that you relied on can become a binding term (section 50). A trader cannot contract out of these rights, and Part 2 of the Act allows the court to strike down terms that are unfair to consumers.
The remedies are tiered, and getting the order right matters. For faulty goods you have a short-term right to reject and get a full refund within 30 days of delivery. After that, you can usually require a repair or replacement, and if that fails or is impossible, you can claim a price reduction or exercise the final right to reject. If a fault appears within six months of delivery, it is presumed to have been there at the outset unless the trader proves otherwise. For services, the remedy is repeat performance or a price reduction, alongside a claim for damages where you have suffered further loss.
Most consumer disputes are worth less than £10,000 and are allocated to the small claims track of the County Court. Since 2024, disputed small claims for a specified sum are normally referred to a free one-hour mediation appointment run by the court before any hearing. Legal costs are largely irrecoverable on the small claims track, which is why paying for focused advice, or representation only at the final hearing, is often more sensible than a full retainer. Larger claims, such as a failed kitchen or extension costing more than £10,000, may go to the fast or intermediate track.
A Direct Access Barrister can assess which rights and remedies apply, draft the letter before claim and particulars of claim, and represent you at the hearing. Barristers do not conduct litigation, so you issue the claim online or on form N1, pay the court fee, serve documents and handle the correspondence, with clear guidance at each stage.
What Consumer Disputes Barristers Do
Assessing Your Rights
Advice on how the Act applies to your purchase:
- Whether you bought as a consumer from a trader
- Satisfactory quality, fitness for purpose and description
- Whether the 30-day right to reject has passed
- The six-month presumption that a fault was present
- Reasonable care and skill for builders and tradespeople
- Whether a term is unfair and unenforceable under Part 2
Routes Beyond the Trader
Other places to recover money:
- Section 75 claims against a credit card provider
- Chargeback requests through your bank
- Trade association or ombudsman schemes
- Claims against a finance company on a hire purchase deal
- Cancellation rights for online and doorstep contracts
- Guarantees and warranties that sit alongside statutory rights
Claim Documents
Your Barrister can prepare:
- A letter before claim citing the right sections of the Act
- Particulars of claim setting out each fault and remedy
- A reply to the trader's defence
- Witness statements with photographs and invoices
- Questions for an independent expert where one is allowed
- A short skeleton argument for the small claims hearing
Your Barrister drafts the documents. You issue the claim, pay the fee and send papers to the court and the trader.
Your Part as the Buyer
With Direct Access you:
- Keep receipts, order confirmations and adverts
- Photograph or video the defect before any repair
- Give the trader a chance to repair where the Act requires it
- Issue the claim through the online service or form N1
- Complete the directions questionnaire and attend mediation
- Bring originals and evidence to the hearing
How Direct Access Works
- 1
Review of the Purchase
Your Barrister looks at what you bought, when it was delivered or performed, what went wrong and what you have already asked the trader to do, then advises which remedy you are entitled to now.
- 2
Letter Before Claim
Under the Practice Direction on Pre-Action Conduct, the trader should be given a reasonable period, usually 14 days for a straightforward claim, to respond. Your Barrister drafts a letter that sets out the faults, the statutory rights and the sum you seek.
- 3
Issuing the Claim
If the trader does not resolve matters, you issue a County Court claim online or on form N1 using particulars your Barrister has drafted. The trader then has a set time to admit, defend or acknowledge the claim.
- 4
Mediation and Allocation
If a claim for a specified sum is defended and allocated to the small claims track, it is normally referred to the court's free telephone mediation. If it does not settle, the court sets directions for evidence and lists a hearing. Larger claims are allocated to the fast or intermediate track instead.
- 5
Preparing Evidence
You gather documents, photographs and, if permitted, an expert's report. Your Barrister shapes your witness statement around the specific legal test, for example why the goods were not of satisfactory quality.
- 6
The Hearing
Small claims hearings are informal and usually short. Your Barrister presents your case, questions the trader's witnesses and addresses the judge on the correct remedy and any interest claimed.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
The shop says I can only have a repair. Is that right?
Within 30 days of delivery of goods you can usually reject them for a full refund instead of accepting a repair. After 30 days, the trader is generally entitled to one attempt at repair or replacement before you can move on to a price reduction or the final right to reject. The rules differ slightly for cars, digital content and goods bought on hire purchase.
Can I claim if a builder or tradesperson did poor work?
Yes. A trader supplying a service must use reasonable care and skill, finish within a reasonable time if no date was agreed, and charge a reasonable price if none was fixed. You can ask for the work to be put right or for a price reduction, and claim damages for any further loss, such as the cost of another contractor completing the job properly.
Does the Consumer Rights Act apply to a private sale?
No. The Act covers contracts between a trader and a consumer. If you bought from a private individual, for example a used car through a classified advert, your protection is narrower. The goods must still match the description given, and you may have a claim for misrepresentation if you were told something untrue, but there is no general requirement of satisfactory quality.
I paid by credit card. Does that help?
Often, yes. Under section 75 of the Consumer Credit Act 1974, a credit card provider is jointly liable with the trader for breach of contract or misrepresentation where the cash price of a single item was over £100 and not more than £30,000. This can be valuable if the trader has stopped trading. Debit card payments may be recoverable through a chargeback, which is a bank scheme rather than a legal right.
Is mediation compulsory for a small consumer claim?
For defended small claims for a specified sum of money, the court now normally refers the parties to a free mediation appointment of up to an hour before a hearing is listed. Your Barrister can advise you beforehand on a realistic settlement range, so you know what is worth accepting and what is worth taking to a judge.
Can I get my legal costs back if I win?
On the small claims track, recoverable costs are tightly limited, generally to court fees, the fixed cost of issuing, and modest sums for witness expenses and lost earnings. That is why many consumers use a Barrister for advice and drafting only, or for the hearing alone. On the fast and intermediate tracks, fixed recoverable costs apply.
How long do I have to bring a consumer claim?
Under the Limitation Act 1980, a claim for breach of contract must normally be issued within six years of the breach, which for faulty goods is usually the date of delivery. The practical limit is often shorter, because evidence fades and the 30-day and six-month rules under the Consumer Rights Act depend on acting quickly.
What will a Barrister cost for a consumer dispute?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Stuck With Faulty Goods or Poor Workmanship?
Find out which remedies the Consumer Rights Act gives you, and get help putting them to the trader or the court.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.