Breach of Trading Standards usually results in a regulatory breach but can often result in Criminal prosecution. Therefore compliance and an accurate defence is needed when you are accused of breach in Trading Standards.

Prosecution is often bought by local authority standards, working with a number of bodies including the Office of Fair Trading (OFT) and Food Standards Agency (FSA).

Trading Standards conduct various investigations, all of which can lead to prosecution, and include:

  • Breaching copyright
  • Dealing in counterfeit goods
  • Breaching trademark regulations
  • Food Standards
  • Supply of Services
  • Advertising
  • Weights and Measures

Prosecution & Sentences

Whilst there are severe penalties served for non-compliance with Trading Standards, ranging from a formal caution, financial penalties or even imprisonment, it is the potential for reputational damage and its consequences that must also be taken into account.

The advice is to always take a proactive approach to Trading Standards, and here is where the help of an experienced solicitor can prove invaluable to you and the longevity of your business.

Prosecution often involves breaches in the following laws:

  • The Supply of Goods and Services Act 1982
  • The Unfair Contract Terms Act 1977
  • The Misrepresentation Act 1967
  • The Trade Marks Act 1994

Askews Legal LLP experience

At Askews Legal LLP we have successfully defended prosecutions against Health & Safety, including defendants accused of breaching Fire Safety Regulations for tenanted properties.

We often defend local businesses who have been in breach of Food Safety Standards and Trade Descriptions.

Recently, we have defended a complex Trading Standards fraud brought about about local authority which included an lettings agent accused for misleading the public, producing marked up invoices and non disclosure of a sister company. The fraud was complex which led to a multiple investigation, into insurance fraud, VAT fraud and mortgage fraud.

To ensure the highest level of service our Criminal Solicitors work closely with our Commercial Solicitors and in house Accountants so we can provide the best possible defence to your specific circumstances. It is important that you instruct Solicitors who have this resource available to them.

Useful links

https://www.tradingstandards.uk/news-policy/vision-and-strategy-1/statutory-powers

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