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Trading Standards

Ros is a specialist Trading Standards prosecuting and defence barrister, instructed by Local Authority Lawyers as well as businesses and individuals. A significant proportion of Ros’ practice involves Consumer Protection Law.  This ranges from breaches of Food Hygiene Regulations to Fraud, and covers all manner of investigations into businesses and traders.  Increasingly common is the use of the internet by traders, and misleading actions and omissions can occur through inaccuracies on websites.  The following are examples of recent cases:

Redcar and Cleveland Borough Council (RCBC) v Faidulla [2016]

Food Hygiene Regulation breaches.  Fast food outlet repeatedly breaching standards.  Advised on charges, venue and offences to be “taken into consideration”, through to sentence.

Redcar and Cleveland Borough Council (RCBC) v Cooke, Cooke and Aedis [2016]

Breaches of consumer protection regulations – rogue builders.  Case also involved non-compliance by the independent building control specialist, in relation to the failure to provide material to RCBC.  Advising at very early stage, pre-charge, right though to trial and sentence.

Redcar and Cleveland Borough Council (RCBC) v Hadden [2016]

Breaches of Consumer Protection Regulations by builder.  7 different complainants.

Gateshead Council v E-Green Energy Ltd., Cochrane, Bishop and Green [2015]

Case involved the sale of “Green Deal Assessments” by the Defendant company (and directors).  Consumer protection issues, cold calling, bombardment of people by unsolicited phone calls.

North Yorkshire Trading Standards  v Money Savings Direct Ltd. and Shaw, Shaw and Bartholomew [2013]

Successfully defended the company and its 3 directors from prosecution for alleged breaches of Consumer Protection Regulations by arguing abuse of process in relation to the obtaining of search warrants by the Council.

North Tyneside Council v Howarth, Atkinson and DAJ (North East) Ltd.

Case involved the sale of used cars by the Defendants to customers who saw the cars advertised on the garage’s website or on Ebay.  Untrue / misleading claims made about the state of the cars.