Kangs Regulatory Team has been instructed on behalf of the Directors of a company who find themselves at the centre of an investigation conducted by Trading Standards.
The company is involved in the sale and distribution of modern art.
Concerns have been raised regarding the mark up of the products being sold, the storage and insurance of the art and the company’s sales techniques.
Kangs Solicitors have been liaising with Trading Standards in order to assess the action to be taken by our clients to ensure they cannot be accused of ‘Unfair Trading’.
As part of our supportive and advisory service we have visited the company’s business premises, observed and monitored the trading methods, advised upon improvements to the business practices and how these changes should be implemented.
What is the role of Trading Standards? | Kangs Solicitors For Trading Standards Cases
Trading Standards prosecutions are initiated by the Office of Fair Trading (OFT) in conjunction with the relevant local authority regulatory body for trading standards.
Trading Standards officers investigate consumer complaints and enforce legislation relating to the protection of consumers in order to prevent Unfair Trading.
Trading Standards Investigations cover a wide range of areas including:
- Weights and Measures
- Counterfeit goods
- Advertising and sales
- Food safety
- Food labelling
- Trade Descriptions
- Product Safety and Recall
- Unfair commercial practices
- Trademark infringement
- Consumer contract regulations
- Fraudulent activity
Consumer Protection from Unfair Trading | Relevant Legislation
The Consumer Protection from Unfair Trading Regulations (2008) are wide reaching and place a duty on traders not to engage in unfair commercial practices such as:
- high pressure selling
- disproportionate mark ups
- pyramid schemes
- falsely claiming a product is only available for a limited time
Schedule 1 of the Regulations contains a non-exhaustive list of commercial practices that are deemed unfair. The full list can be reviewed by following this link:
Investigations | Powers of Trading Standards Officers
If you have been contacted by Trading Standards it is essential you take independent legal advice, preferably before responding to any allegation.
As set out in the case study above, our early pro-active involvement and engagement with Trading Standards can assist businesses to rectify any issues and guide them away from trading unlawfully.
Trading Standards have the power to interview individuals ‘under caution’ and we have specialist lawyers who will attend any interviews with you.
Trading Standard Officers do not have powers of arrest but, if it is believed a criminal offence or trading standards offence has been committed, they can obtain police assistance, which may well result in an arrest being made.
One method of investigation adopted by Trading Standard Officers is the deployment of Test Purchase Officers who will visit business premises in order to conduct undercover purchases and observe commercial practices.
Our Experience | Kangs Solicitors | Regulatory Defence Solicitors
We appreciate the strain and pressure a Trading Standards investigation can place upon a business and its directors.
Kangs Solicitors Team has extensive experience in advising companies and individuals facing Trading Standards investigations. We guide our clients through the complexities of such an investigation and focus on achieving the best possible outcome.
It is imperative you seek legal advice as soon as possible if you are subject to a Trading Standards investigation as, in many cases, it will be possible to address concerns raised or negotiate undertakings or agreements regarding future business practice.
Should prosecution proceedings be commenced, we are able to represent you and/ or your company in the preparation and presentation of your defence.
Some Recent Cases | Trading Standards Defence Lawyers
How Can I Contact You For Help? | Kangs Solicitors
We have a proven track record in dealing with the above matters and we welcome you contacting our team of solicitors through the following: