Specialist Trading Standards Prosecutions Law Firm
Trading Standards get involved in a number of different types of prosecutions as follows:
- General Product Safety Regulations 2005
- Copyright, Designs and Patents Act 1988
- Trade Marks Act 1994
- Food Safety Act 1990
- The General Food Regulations 2004
- The Food Hygiene (England) Regulations 2006
- Health and Safety at Work etc. Act 1974
- Regulatory Reform (Fire Safety) Order 2005
- The Environmental Damage (Prevention and Remediation) (England) Regulations 2015
Our Trading Standards Expertise
Olliers Solicitors have successfully defended Trading Standards prosecutions for many years. We have a wealth of experience across the firm when dealing with the defence of such prosecutions. We have offices in both Manchester and London but are able to deal with cases across England and Wales.
An investigation by Trading Standards or a similar prosecuting authority can have an immediately detrimental effect on your business, the initial investigation and dawn raid itself can cause significant disruption to how your business operates.
Prosecuting authorities will often in the course of their investigation contact suppliers, distributors and retailers which can impact on how your business operates, they also have the power to seize and test goods. Such activity can often result in a detrimental impact in your business’ ability to operate as a going concern.
Effect of Prosecutions
The impact of prosecutions can include applications to restrain the property of your business or your personal property. Olliers have significant experience in dealing with restraint orders and are often able to obtain a variation to an order to allow a business to continue to operate or to exclude assets which should not be part of any order.
An investigation can often result in a local authority or government department bringing a criminal prosecution against an individual, a director a business, or all three. In addition to the impact on a business a criminal prosecution has far reaching implications including possible confiscation proceedings, or employees being disqualified as directors. Successful prosecutions can potentially lead to prison sentences or unlimited fines depending on the allegation. It is crucial to get good advice at an early stage to protect your position.
We would recommend contacting us at an early stage to protect yours and your company’s position and formulate a crisis management plan. Initially the actions of the investigative body need to be scrutinised to ensure they don’t act outside of their remit.
When an investigation has commenced damage limitation can be considered. An informal meeting with the prosecution could be arranged to discuss all issues, what faults need to be remedied (if any) and the way forward discussed to potentially avoid a prosecution.
A letter of representation can be drafted on your (or the Companies) behalf, setting out your position, what action has taken place to remedy any problem, and an offer of payment towards costs of the investigation. Sometimes matters can be settled without going to Court.
If the worst happens and you or your company (or both) are taken to court then we can provide expert representation both at the Magistrates’ and Crown Court to deal with the case effectively. We are able to focus on the real issues at the heart of the case and negotiate with the prosecution to potentially resolve the case in the best and most cost effective way possible.
Olliers Solicitors are able to operate on a privately funded or fixed fee basis. When you contact us we will be able to provide an accurate quotation in relation to your specific case. We can also work on an insurance funded basis if you have cover under a legal expenses policy.
Contact our Trading Standards prosecutions lawyers (Manchester & London)
We have particular expertise in counterfeit goods, trade mark and food standards prosecutions, if you require assistance please feel free to contact us.