Regulatory: Trading Standards

Chambers has an established reputation in the field of Trading Standards having long specialised in this area of work.

A strong practice group advises and acts across a wide range of Trading Standard specific practices, including

  • food safety
  • criminal proceedings arising from infringement of intellectual property rights
  • counterfeit goods
  • car clocking
  • product safety a
  • consumer credit
  • consumer protection
  • trade description matters

Chambers specialises in conducting restraint and confiscation proceedings arising from Trading Standards prosecutions. Notably in 2010 we secured a confiscation order of a significant sum in a high profile case and recouped costs of £90,000 following protracted and complex proceeds of crime litigation.

Prosecution:

Members of the Trading Standards Team have prosecuted for various Trading Standards Authorities across the country including Bedfordshire County Council, London Borough of Brent and Harrow, Coventry City Council, London Borough of Ealing, Essex County Council, Hertfordshire County Council, London Borough of Haringey, London Borough of Islington, Royal Borough of Kingston Upon Thames, London Borough of Lewisham, London Borough of Richmond and Slough Borough Council amongst others.

Recently, following successful completion of a two stage tender process, QEB Hollis Whiteman has been selected, with a small number of other Chambers, to act for the London Borough’s Legal Alliance (LBLA) effective from January 2012.

Chambers has also been instructed by the Regional Assets Recovery Team (RART) and has worked with the Office of Fair trading (OFT). We have had members seconded with the OFT advising on legal issues, investigations and policies as well as working on a range of projects of major importance to the UK economy and millions of consumers - some of which have a criminal and/or regulatory dimension to them.

Defence:

Members of Chambers have defended individuals, partnerships and limited companies in Trading Standards prosecutions brought by local authorities and other prosecuting bodies such as the Department for Business Innovation & Skills and Regional Assets Recovery Team (RART).

Whoever the client, Chambers operates a culture of cradle to grave client-care, taking instructions from the early stages of advice through to the conclusion of confiscation proceedings. Whether case specific, or more generally on current legislation, we are able to offer expertise at all levels; our exceptional team of junior counsel is led by senior counsel and QCs alike.

Training:

We pride ourselves on our Trading Standards training programme; we regularly attend industry conferences and host our own to advise the industry at large. We make ourselves available to train local authorities and companies throughout the UK and offer bespoke training where appropriate. For further information, please contact training@qebhw.co.uk .

Notable cases include:

Members of Chambers’ Trading Standards Team have acted in some of the most prominent and, in some cases, ground-breaking Trading Standards cases.

  • R – v – Vickerman (2012)

Surfthechannel.com owner Anton Vickerman was sentenced to four years imprisonment today (14.08.12) following the successful private prosecution by David Groome & Ari Alibhai on behalf of FACT.

Anton Vickerman, set up and ran one of the world's most visited pirate websites, Surfthechannel.com. At its height in 2009 the site attracted more than 400,000 visitors per day and generated advertising revenue of at least $50,000 per month.

  • R – v – x (2011)

Counsel defended in a case involving several allegations; over many months, of allegedly infringing copyright works and money laundering the proceeds of crime, said to be upwards of £1 million. It was allegedly a sophisticated operation to mass produce a large number of counterfeit discs containing film, computer games and music.

  • R – v – Ghulaman & Sadiqi (2010)

One of the largest car clocking cases brought to date where the defendants were charged with conspiracy to defraud.

  • R – v – Hussain, Hussain, Hussain & Hussain (2010)

Counsel was instructed in this large scale counterfeit trainer case concerning goods worth over £1 million.

  • R – v – Ullah & Mejdoub (2009)

Prosecution of a large scale counterfeit trainers case. After an unsuccessful abuse argument by the defence, the defendant pleaded guilty and the prosecution were awarded costs.

  • R – v – Goulwara , Chopra , Chopra , Chopra, and Arora (2008)

Large scale trademark clothing case prosecuted by members of Chambers, resulting in custodial sentences and settled confiscation.

  • R – v – Maxintas, Auksutis & Suksutis (2007)

Prosecution of the largest ever car clocking case at this time where substantial custodial sentences were passed.

  • R – v – Alami International Ltd (2005)

This was the first ever prosecution and confiscation against a company; POCA proceedings had never previously been brought against any corporate entity. Counsel were successful in obtaining a confiscation order amounting to £1 million, the largest ever recovered in a Trading Standards prosecution.

Notable cases:

R v Vickerman (Anton) (2012)
Private Prosecution (on behalf of Federation Against Copyright Theft) of the most popular pirate film indexing site in the wo
David Groome | Ari Alibhai

Daanish Mulla (2011)
Brent & Harrow Trading Standards
Fraser Coxhill

R v Bell (2011)
Fraudulent Trading
Tom Broomfield

R v Peacock (2010)
Illegal activity arising from car clamping business
Tom Broomfield

R v South (2010)
Benefit Fraud

R v Swales (2010)
Successfull prosecution
Tom Broomfield

R v Khassal & Others (2010)
Unauthorised use of Trade Mark

R v Ghulaman & Sadiqi (2009)
Trading Standards' biggest ever “car clocking” fraud conspiracy.
Paul Raudnitz | Tom Broomfield

R v Sood (2009)
Unauthorised use of Trade Mark

R v Wendy Fairs Markets Ltd
Test case prosecution of market fair organiser
David Groome | Ari Alibhai

Articles:

TS Today - August 2013. The Enterprise Act 2002
Polly Dyer has completed an article for August's addition of Trading Standards Today, in relation to The Enterprise Act 2002. 29.7.2013
Download (PDF) >

Trading Standards: Wheel Clamping - Regulation and the Criminal Law
WHEEL CLAMPING: REGULATION AND THE CRIMINAL LAW 19.4.2010
Download (PDF) >

Seminars:

Trading Standards Law and Practice Seminar - Wednesday 8th February 2012 -

On Wednesday 8th February 2012,
members of the QEB Hollis Whiteman Trading Standards team will be hosting a seminar to selected Trading Standards lawyers and investigating officers. For further details regarding this seminar, please email; training@qebhw.co.uk

Trading Standards Law and Practice Seminar - Wednesday 21st March 2012 -

On Wednesday 21st March 2012,
members of the QEB Hollis Whiteman Trading Standards team will be hosting a seminar to selected Trading Standards lawyers and investigating officers. For further details regarding this seminar, please email; training@qebhw.co.uk

Chambers Trading Standards Practice Group are pleased to offer in-house training on various subjects relating to Trading Standards. For further information with regards to in-house training please contact Chris Emmings in the first instance via email chris.emmings@qebhw.co.uk  or call him directly - 0207 933 8870.

For more information on crime-related matters, please contact the clerks on 020 7933 8855 or barristers@qebhw.co.uk