Trading Standards Litigation
We have solicitors at Lovell Chohan who are able to provide you with all aspect of Trading Standards litigation and this includes specialist advice. if we can help or assist you please contact us. Generally these include copyright, trade marks, trade descriptions, consumer credit food safety and weights and measures to include a few. We deal with the following areas:
Complaints to and test purchases made by trading standards ( we would recommend that you have specialist solicitors to represent you at these initial interviews with trading standards.)
Trading Standards Search & Seizure
In some cases the trading standards department will conduct an initial search and seize/exercise. We would recommend that you consult us forthwith on the search. Our out of office 24 hours number available through out switch board on 0208 570 6661
Many investigations commence with an initial complaint against an individual or business or a test purchase made by a Trading Standards official. In taking action to investigate a complaint an invitation is usually received by the individual or business to attend an interview under caution in accordance with the Police and Criminal Evidence Act 1984 at the offices of Trading Standards. It is important for legal advice to be obtained at this stage as any replies given in interview may be significant in any subsequent prosecution.
In some cases Trading Standards Officers will obtain the assistance of the Police to effect the arrest of potential suspects and the search and seizure of property. It is desirable for individuals or businesses to seek legal advice at this stage. We will be in a position to assess the alleged offences or breaches and advise on the law and explore any available statutory defences.
Alternatives to Prosecution
It may also be possible in some circumstances to negotiate with Trading Standards on the alternative options available to prosecution for example a written warning or formal caution.
If, however, a prosecution is commenced this will usually be by way of the issuing of a summons detailing the alleged offences committed against the individual or business and providing a date for a first appearance at the relevant Magistrates' Court. If a summons is received it is important to obtain legal advice and representation. We will be in a position to advise on funding, the law and Court process. We will also assess the evidence and advise on the appropriate plea and take the necessary proactive steps to defend the case.
We will also advise on any ancillary matters relevant to the case for example confiscation proceedings following a guilty plea or finding of guilt and also in relation to any applications that may be made by Trading Standards for the forfeiture and destruction of any goods seized.