Members of our Team, have many years of experience and have been involved in some of the most complex and important consumer law cases over recent years.
The strength and breadth of the expertise and experience within the team enables us to deal with the full range of consumer law and trading standards work at all levels.
Adam Pearson and Kevin Barry are (and have been for many years) Contributing Editors to the leading textbook for consumer lawyers – ‘Consumer and Trading Standards: Law & Practice’.
In addition, Adam Pearson is a Consulting Editor to the most recent edition of Halsbury’s Laws of England and Wales in relation to the law relating to Food and Drink.
Our team has significant experience of both prosecuting (whether on behalf of local authorities and private prosecutors) and defending (whether on behalf of individuals or companies) including in relation to the following:
- The Consumer Protection from Unfair Trading Regulations 2008
- The Business Protection from Misleading Marketing Regulations 2008
- Fraud (including Conspiracies to Defraud) and Fraudulent Trading
- The Trade Marks Act 1994
- The Copyright Designs and Patents Act 1988
- Food Labelling, Hygiene and Safety
- Fire Safety Regulation
- Product Safety
- Animal Health and Welfare
- Environmental Trading Standards
- Age Restricted Sales
- Money Laundering and Confiscation
Our team members pride themselves on their ability to manage cases and ensure best representation before the courts. Our team’s knowledge and expertise frequently provide us with an advantage over generalist legal practitioners.
Our team has experience appearing for Enforcers, Claimants and Defendants in consumer cases in relation to unfair contract terms, unfair trading and product liability, amongst others.
In addition to civil enforcement proceedings under the Enterprise Act 2002, members have particular experience of the rights of the use of enhanced consumer measures under the Consumer Rights Act 2015, together with the private rights to redress under the Consumer Protection from Unfair Trading Regulations 2008.
Compliance and Advisory Work
Team members are frequently brought into cases by enforcers at a very early stage in order to advise on evidence gathering, charges and the general direction of a case.
Additionally, we advise companies on their policies and commercial practices to ensure compliance with consumer protection legislation and on potential litigation in both the criminal and civil jurisdictions.
- Operation Icarus (2023) – Trafford Council v Isaq and others – Prosecution for Fraudulent Trading and CPUTR offences in relation to companies providing ‘Meet and Greet’ parking services at Manchester Airport, where cars were parked haphazardly in muddy fields and residential streets rather than the secure sites advertised. Main Defendant sentenced to 17 months imprisonment for Fraudulent Trading and disqualified from acting as a director for 6 years. BBC Report Sky News Manchester Evening News
- Suffolk CC – R v Wayne Parker (2023) – A Fraudulent Trading prosecution conducted on behalf of Suffolk County Council Trading Standards Department: Wayne Parker set himself up as a livestock trader, buying, selling, and rearing cattle and sheep. The business was fraudulent from its inception and the Defendant defrauded over 20 separate complainants – from cattle and feed suppliers, to landowners from whom he rented land. Their collective losses exceeded half a million pounds. The Defendant was due to be sentenced in February 2023 but failed to surrender to the court. He was arrested in August 2023 after a high-profile campaign by the local authority to apprehend him. He is due to be sentenced in September 2023.
- Leicestershire County Council v. Joshi and Audentior ITO Ltd (2022) – Prosecution of Company and Director for selling counterfeit vodka which was in fact industrial denatured alcohol and unfit for human consumption. Case included successfully opposing defence argument that proceedings were a nullity based on the judgment in Food Standards Agency v Bakers of Nailsea. News Report
- Leicestershire County Council v Payrolls Direct Ltd, Daud and Raybould (2022) – Prosecution of Company, Director (in absence) and franchisee for Fraud and Fraudulent Trading. News Report