Trading Standards
Trading Standards Investigation
We have a proven track record of successfully defending Trading Standards investigations and prosecutions and our experience includes:
- Attending Dawn Raids and providing clients with advice and assistance at their business premises while a search is conducted by Trading Standards Officers
- Our 24/7 Rapid Response Team representing individuals in interviews under caution either following an arrest or by voluntary attendance
- Acting in several multi-million pounds Trading Standards cases including allegations of the manufacture and distribution of goods in breach of intellectual property rights (often counterfeit products) such as luxury goods including designer clothing, designer handbags, cosmetics and jewellery
- Representing clients throughout the country in Trading Standards investigations from our offices in London, Birmingham and Manchester
- Investigations and prosecutions brought by Local Authority Trading Standards Departments
- Investigations and prosecutions for Trading Standards offences brought by other prosecutors such as the Food Standards Agency and the Financial Conduct Authority
- Advising on issues of potential reputational damage and business continuity
Got a question?
Who do Kangs act for?
We represent a wide range of clients including:
- Corporate bodies including PLCs, private limited companies, LLPs, foreign companies and small companies
- Company directors and shareholders
- Partnerships
- Sole traders
- Employees
- Other individuals
What can Kangs help with?
Our team is experienced in advising and representing clients in a wide range of Trading Standards investigations including:
- Mis-selling
- High-pressure selling including boiler room operations
- 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
- Advertising
- Licensing
- Illegal Money Lending
What are the powers of Trading Standards?
We appreciate that it can be a difficult time for a business or an individual subjected to a Trading Standards investigation and the difficulties can be compounded by the investigators having wide-ranging powers enabling them to:
- Conduct 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
- When accompanied by the police, arrest any person 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
How can Kangs help with Trading Standards cases?
Our approach to Trading Standards investigations is built on our extensive experience of representing large, medium and small businesses for in excess of twenty years.
We can assist you in a number of ways:
Raid of Premises
If Trading Standards officers arrive at your business premises unannounced, please call our 24/7 Rapid Response Team on 07989 521210.
We can attend your premises at short notice while Trading Standards officers search for and uplift material. Our presence will ensure that your rights are protected and that the officers do not exceed their powers of search and seizure.
Early Defence Strategy
We can provide you with robust and well-informed advice at the start of a Trading Standards investigation and formulate a defence strategy for interviews under caution which personnel from the business may be required to attend.
Early expert advice and assistance can result in the appropriate protection for the business and individuals being put in place. The importance of this is highlighted by the potential for grave consequences on conviction including large financial penalties and fines, significant reputational damage and custodial sentences.
Interview Under Caution
We can represent you and other colleagues when you are interviewed under caution by Trading Standards or police officers. It is important not to attend an interview without legal representation.
Civil Remedy
In addition to protecting your interests during the interview, we will maintain a dialogue with the Trading Standards officers to explore a non-criminal resolution to the investigation. Trading Standards has alternative civil remedies available to it and as experienced solicitors we will look to explore these options on your behalf.
Trading Standards: reputational damage, representation in court, confiscation proceedings
Protection Against Reputational Damage
We are acutely aware of the potential reputational damage to an individual or business particularly if the investigation escalates to a criminal prosecution which can be openly reported in the media.
Our aim is to move quickly and effectively in order to minimise the impact of adverse publicity and secure an early favourable resolution to the issues.
Representation in Court
If criminal proceedings are instigated, we have considerable experience representing clients in both the Magistrates’ Court and the Crown Court.
We have close working relationships with the leading barristers and KCs working in the field of Trading Standards law and we will ensure that the best possible representation is secured on our client’s behalf.
POCA & Confiscation Proceedings
If criminal proceedings are followed by POCA proceedings, our specialist Confiscation/Proceeds of Crime Team is here to assist you.
Our POCA team is nationally recognised for its expertise in this highly specialised area of law.
Contact Kangs
The expert lawyers at Kangs are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
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