Trading standards

Members of chambers act for businesses, individuals and enforcement agencies across the full range of trading standards matters, including unfair commercial practices, weights and measures, trademark infringement and under-age sales. We have particular expertise in applications for orders under the Enterprise Act 2002. Our involvement includes both representation at court and advice on preparation of cases and due diligence systems.

 

Notable cases in which members of chambers have been involved include:

  • Wandsworth LBC v Caffe Nero Group Ltd (Wimbledon Magistrates’ court, 2016): successful due diligence defence; food safety offences; wire in panini ingested by consumer; unauthorised use by employee, in breach of training and systems;
  • R (Kingston upon Hull City Council) v Secretary of State for Business, Innovation and Skills (High Court, 2016): Regulatory Enforcement and Sanctions Act 2008; judicial review of endorsement by BIS’ Better Regulation Delivery Office (‘BRDO’) of advice given under the Primary Authority Scheme to Greggs plc, concerning provision of sanitary facilities;
  • Secretary of State for Business Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76: ‘material information’ for purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008;
  • North Yorkshire Fire and Rescue Service v Tokyo Industries (York) Limited and Aaron Mellor; Lincolnshire Fire and Rescue Service v Aaron Mellor  (York Crown Court, 2015): successful prosecution concerning serious breaches of fire safety legislation at night clubs in York and Lincoln; Corporate defendant was fined £30,000 and the individual defendant was fined £76,000 plus £67,000 costs;
  • Lincolnshire CC v  McKenzie (Lincoln Crown Court, 2015): successful prosecution of the proprietor of a tyre sales outlet for selling dangerous tyres in breach of the General Product Safety Regulations 2005;
  • Lincolnshire CC v Iftakhar Ahmed  (Lincoln Crown Court, 2014): successful prosecution of a large scale retailing operation selling counterfeit  training shoes  and clothes from market stalls; defendant was imprisoned for 30 months  and made the subject of a £680,000 confiscation order;
  • R v X Ltd [2013] EWCA Crim 818: Consumer Protection from Unfair Trading Regulations 2008; sale in homes of security systems; ‘commercial practice’ can derive from single incident; meaning of ‘transactional decision’;
  • Dorset CC v Alpine Elements Ltd (2013): Unfair Commercial Practices Directive inapplicable to package travel case;
  • Lincolnshire CC v Atiqi t/a Boston Food and Wine Centre and Ahwmad t/a Central Food and Wine (2013): prosecution for sale of counterfeit and illicit cigarettes;
  • Torfaen CBC v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] C.T.L.C. 16: food labelling; ‘use by’ dates;
  • R v Scottish and Southern Energy plc 176 J.P. 241; [2012] C.T.L.C. 1: Court of Appeal case on doorstep sales; electricity supply industry;
  • R v Christopher Steele [2012] C.T.L.C. 109: building works; one-off acts not amounting to ‘commercial practice’;
  • Wm Morrisons Supermarkets plc v Reading BC [2012] EWHC 1358 (Admin); [2012] C.T.L.C. 33: tobacco offences; under age test purchaser; sale of goods;
  • R (LOCOG) v Sportsworld Ltd, Events International Ltd (2012): defence of national ticket sales company prosecuted under Olympic Act 2006;
  • R v UK Parking Control Ltd [2012] EWCA Crim 1560; [2012] C.T.L.C. 48: company providing parking management facilities; misleading commercial practice;
  • Kaye v Nu Skin UK Ltd [2012] EWHC 958 (QB); [2012] C.T.L.C. 69: trading schemes; arbitration clauses; incorporation and reasonableness;
  • House of Cars Ltd v Derby Car and Van Contracts Ltd [2012] C.T.L.C. 62: misleading omissions, vehicle registration;
  • Brighton and Hove CC v Towers Property Developments Ltd [2011] EWHC (Ch): first Part 8 EA 2002 and CPUT Regs enforcement against land banking company;
  • Coates v Crown Prosecution Service [2011] EWHC 2032 (Admin): owner of Segway vehicle had conviction upheld for driving on pavement; electric vehicle can only be used on private land;
  • Three Rivers DC v Chowdhury [2009] EWHC 268: interpretation of “food business operator”;
  • R (J Sainsbury Plc) v. Plymouth Magistrates’ Court (2006) 170 JP 690: corporate defendant; wrong defendant;
  • Kilhey Court Hotels Ltd v Wigan M.B.C. (2005) 169 J.P. 1: due diligence defence; person whose default led to commission of offence not included in defence case;
  • R (Stoddart) v. Oxford Justices (2005) 168 JP 683: defendant’s costs order following a caution;
  • DEFRA v Asda Stores Ltd (HL) [2004] 1 W.L.R. 105: agricultural produce; direct effect; EC grading rules.

Works written by (or contributed to by) members of chambers include:

Our Trading Law Bulletin is a free quarterly digest of relevant cases and developments in the area of consumer and regulatory law. The TLB can be posted to you but both the current issue and all back issues are available online.

Since 2007, we have published our own set of law reports, the Consumer and Trading Law Cases (CTLCs), covering cases of particular interest for lawyers dealing with consumer and regulatory law, most of which are not reported elsewhere.

We are corporate members of the Trading Standards Institute (“TSI”). Chambers takes a stand at the TSI Conference annually and members regularly give lectures at the Mini-Theatre sessions at the conference. For details of our attendance at this year’s conference please visit our News page.