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This leads to clients feeling
compelled to provide information and
submitting to taped interviews
(without first taking advice) when
there is no statutory requirement
for them to do so and in the
mistaken belief that it will assist
their position. This makes it more
difficult to defend or settle a
subsequent prosecution when we are
instructed, especially as such
instruction is often received only
after a summons has been issued.
Most prosecutions are of “strict
liability” offences which means the
only defence is one of due diligence
and the prospects of successfully
pursuing such a defence are often
compromised by the client before we
are asked to assist.
We can help whatever your
circumstances and whether you are
currently facing potential
investigation, in receipt of a court
summons or even already involved in
a prosecution. As with everything
prevention is better than cure
especially given the fines that can
be imposed on conviction (which can
be up to £5,000 per charge in the
magistrates court, rising to £20,000
or even unlimited per charge in the
Crown Court, together with the
recovery of the full costs of
enforcement by Trading Standards).
We can help to keep you up to date
and compliant with the relevant
legislation as well as check your
recording procedures and assess your
risk of investigation and prospects
of establishing a due diligence
defence in the event of prosecution.
This can be done with the assistance
of technical experts and accredited
laboratories where necessary and
within a defined and transparent
pricing structure. All pre-emptive
actions will form part of the due
diligence process.
If you are being investigated we
can offer specialist advice
including detailed technical
knowledge of the legislation and
representation from the outset of
the process, together with liaising
with the investigating body to act
as an effective professional
barrier. If an interview is
unavoidable, we will either prepare
you in advance to deal with the
allegations and questions expected
as well as attend the interview with
you or, if appropriate, make written
representations on your behalf.
We currently represent individual
traders and SME’s who are being
investigated or prosecuted for
matters related to:
- Product safety;
- Product recall;
- Trade descriptions and
copyright infringements;
- Consumer credit and contract
terms;
- Advertising practices;
- Sales practices including
web-based sales; and
- Defective products.
Our recent experience includes:
- Advising in a prosecution
and negotiating a reduction of
the charges laid in a fire
safety and Consumer Protection
Act prosecution against a client
involved in the textile industry
which, coupled with successful
mitigation, led to the
imposition of fines which were a
fraction of the amount feared at
the outset of the prosecution;
- Advising on written
responses to a request for a
taped interview where a
subsequent prosecution was
avoided within the strict time
limits; and
- Advising and implementing a
product recall w¬ith minimal
disruption and publicity to the
business involved.
- Where necessary we can
assist in protecting your
personal or corporate reputation
from unwanted attention by the
press and associated media.
Please contact Claire Barnes
on 01254 297950 for further
information as to how we may be able
to assist you with your current
investigation or to advise on risk
and/or prospects of compliance and
establishing the groundwork to
support a due diligence defence.
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