Overview
Businesses are subject to a constantly changing regulatory regime. We recognise and appreciate that it can be difficult to keep up-to-date with the legislative changes that affect businesses’ interactions with consumers. Breaches of trading standards legislation can be serious, resulting in fines, sentences of imprisonment, significant costs consequences, and in appropriate cases, confiscation proceedings under the Proceeds of Crime Act 2002.
Our team has significant experience acting for businesses and traders, including manufacturers, distributors, and retailers.
We take the view that prevention is better than cure; we provide advice not only when an investigation has been commenced, but also to businesses and traders who may be setting up in business for the first time. We help ensure that your practices and procedures minimise the risk of investigations. This can include advice on due diligence systems, procedures for handling customer complaints, and advice and guidance on consumers’ rights to remedies.
How can we help?
If you are already subject to an investigation by Trading Standards, then it is important that you seek advice as quickly as possible. Don’t wait for a Court Summons to arrive before contacting us – we can advise you at the very outset of an investigation, making clear the authority’s powers, and the limits of those powers. We provide tactical advice during the lifetime of the investigation and support you through the process. This includes representing you at any voluntary interview that is arranged, and liaising closely with the authorities on your behalf, if necessary.
We provide advice in relation to:
- Sales and advertising, including age-restricted products
- Fraud
- Counterfeit goods / copyright infringement
- Product safety & product recalls
- Weights & measures
- Animal welfare
- Enterprise Act matters.
Our experience additionally covers acting for individuals who are subject to Proceeds of Crime Act 2002 proceedings, arising from Trading Standards involvement.
Key contact
Justin has specialised in criminal and regulatory law since qualification in 2007. He has particular experience of regulatory criminal proceedings instituted by Local Authorities and other non-police agencies, and spent time as a specialist regulatory prosecutor at Merthyr Tydfil County Borough Council, advising and prosecuting on behalf of its trading standards, public/environmental health and counter-fraud departments. Justin now practises in regulatory, corporate crime and allied areas, acting for both prosecution and defence. Justin holds (and regularly exercises) Higher Rights of Audience in Criminal Proceedings, which allows him to represent clients before the higher criminal courts.
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