Kangs Solicitors has considerable experience in advising corporate clients, directors, employees and individuals in relation to investigations and prosecutions brought by Trading Standards.
What the Journals say:
“The extremely well-run, dedicated and professional team at Kangs Solicitors”
Legal 500 | 2015 Edition
“Outstanding firm with a very high level of specialism in the area”
Legal 500 | 2015 Edition
“Kangs put up a very robust defence and are dogged in the proceedings. They keep their eye on the ball and are a safe pair of hands”
Chambers & Partners | 2014 edition
“A stand out firm”
Legal 500 | 2014 edition
“It’s a deluxe firm which pulls out all the stops for its clients”
Chambers & Partners | 2014 edition
We are ranked in the top tier of criminal fraud firms in the country by the leading legal journals (Chambers UK and Legal 500) and we have the resources, experience and skill to defend the largest Trading Standards prosecutions.
We have acted in relation to several multi-million pound Trading Standards cases including allegations of the manufacture and distribution of goods which breach intellectual property rights (counterfeit products) such as luxury goods, designer clothing and handbags, cosmetics etc.
We represent clients throughout the country in relation to Trading Standards matters from our offices in the City of London, Birmingham and Manchester.
Prosecutions for Trading Standards offences are usually brought by the Local Authority Trading Standards Department but are also by the Office of Fair Trading (OFT) and the Food Standards Agency (the Prosecutors).
The types of cases brought by Trading Standards that we are instructed to defend include the following:
- High-pressure selling
- Counterfeit goods
- Product safety and product recall
- Weights and measures
- Distance selling (consumer contract regulations)
- Product labelling and product description
- Under-age selling (breach of liquor licensing laws)
- Investigations and prosecutions under the Consumer Protection from Unfair Trading Regulations 2008
- Food safety & food labelling
- Illegal Money Lending
Powers of Trading Standards
It can be a difficult time for a business or an individual when faced with a Trading Standards investigation.
The powers of the Prosecutors are wide and they can:
- Make undercover test purchases from your business posing as customers
- Commence an investigation into your business based on a complaint from a customer
- Attend at your business premises without notice
- Seize your business records including computers, mobile phones and products
- Interview people associated with the business
- If accompanied by the police, effect an arrest of any personnel associated with the business who they have reasonable grounds to suspect of committing offences
- Issue formal warnings
- Review any licences granted to the business
- Issue criminal cautions
- Interview personnel under caution at the police station or Trading Standards offices
- Commence criminal prosecutions in the Magistrates’ Court and Crown Court
- Instigate Proceeds of Crime Act (POCA) proceedings to remove any criminal property/profit that may have been acquired as a result of the offences.
Our Approach to Trading Standards Cases
We can assist a business or an individual being investigated by Trading Standards in a number of ways:
- If Trading Standards attend at your business premises unannounced, we operate a 24/7 service via our Rapid Response Number 07989 521210.We can attend your premises at short notice while Trading Standards officers are present searching and uplifting material. We can ensure that during this stage of the investigation your rights are protected and that the officers do not exceed their powers.
- We can provide you with initial advice on the commencement of a Trading Standards investigation and formulate a defence strategy for any interviews under caution that personnel from the business may be required to attend.
- We can attend with you while you are being interviewed under caution by Trading Standards or police officers. It is important not to attend the interview without legal representation as we can protect your interests during the interview as well as have an on-going dialogue with the Trading Standards officers in an effort to persuade them not to treat the matter as a criminal one. Trading Standards have other civil remedies available to them and an experienced solicitor will look to explore these options with Trading Standards.We are acutely aware of the potential reputational damage to a business in the investigation turning into a criminal prosecution which can be openly reported in the media. Our aim is to move quickly and effectively in order to minimise such impact and secure an early resolution to the issues.
- If criminal proceedings are instigated, we have considerable experience of representing clients in both the Magistrates’ Court and the Crown Court. We have close working relationships with the leading barristers working in the field of Trading Standards law and we will ensure that the best possible representation is secured on our client’s behalf.
- If the criminal proceedings are followed by Proceeds of Crime Act (POCA) proceedings, our specialist and highly regarded Confiscation/Proceeds of Crime Team will be able to assist you. This is a highly specialist area of law and only experienced advice will be able to help you understand the complicated confiscation regime. Due to our experience in dealing with hundreds of such cases we will be able to guide you with a view to securing the best possible outcome to these proceedings.
Early expert advice and assistance is usually imperative in Trading Standards cases in order to protect the business and individuals from the outset. This is particularly important considering that offences of this type, if proven, can result in extremely heavy fines, significant reputational damage and custodial sentences.
At Kangs Solicitors we can assist with such details and ensure that the appropriate defence strategy is adopted in each case.
We will provide proactive advice and assistance to include representation at any interview under caution with Trading Standards and representation at any subsequent court proceedings.
We welcome new enquiries by telephone or email and we are happy to provide an initial no obligation consultation to explore the issues in your case and to provide an assessment of what we can do to assist you.