Consumer Protection

We have proven expertise across the full range of trading standards matters, from large ‘rogue trader’ cases to underage sales. Examples of the matters we have appeared in include illegal money lending, car-clocking, letting agency fraud, unlawful claims concerning the treatment of cancer, harmful skin-whitening creams, tobacco mislabelling and unlawful car-clamping.

We are fully conversant with the Consumer Protection from Unfair Trading Regulations 2008 and have appeared for both prosecution and defence in some significant cases in this area. We prosecute on behalf of a number of Trading Standards Services throughout the UK and appear on behalf of individuals, small businesses and large corporations.

We have recently been involved in a number of ground-breaking prosecutions applying the regulations to sham tenancies, and we have also appeared in a number of cases concerning breaches of safety regulations, including electrical products, toys, imitation food and general products, such cases often involving complex technical and scientific evidence.

We are instructed to advise pre-charge in larger cases and in this regard, we are able to offer expert advice as to the obtaining or lawfulness of warrants of entry and have considerable experience in obtaining restraint orders under the Proceeds of Crime Act 2002, or seeking their discharge or variation when appearing for the defence. Post-conviction, we have obtained a number of confiscation orders on behalf of Trading Standards Services in those matters involving financial gain and frequently we are instructed for the defence to respond to such applications.

We can provide advice to businesses on the sufficiency of due diligence systems and as to the liability of company officers within a corporate structure. Whilst the majority of our work in this area relates to criminal litigation, we also advise as to the civil aspects of trading standards, including enforcement orders under the Enterprise Act 2002 and statutory appeals.

Chambers is an associate member of the Trading Standards Institute and members of Chambers have lectured at successive TSI conferences over a number of years.

For more information please contact our clerks on 020 7404 1881 or via email to clerks@drystone.com. We will discuss your case with you and then arrange the right representation for your matter.

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