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Our Business Crime team successfully defends an application brought by Wolverhampton Trading Standards
03 January 2012
Our Business Crime team acting on behalf of a national heating installation firm successfully defended an application brought by Wolverhampton Trading Standards. After two years of what was shown to be inadequate investigations by Trading Standards officers in Wolverhampton, the council applied for an enforcement order under Part 8 of the Enterprise Act. On examination of the investigation and the conclusions drawn by the council, Craig identified failures in the procedures and advised the clients to defend the claim. The proceedings are regulatory proceedings heard in the civil court which seek to, in effect, injunct a company and it's directors from breaching any consumer legislation. If successful Trading Standards could enforce any breach of consumer regulation by contempt of court and therefore criminal convict the company risking an unlimited fine or imprisonment for the directors.
Trading standards believed that the level of complaints against the company were too high and that management procedures were inadequate, after a two week hearing, we successfully defended the company so that no order was made and costs were awarded against Trading Standards.
This was a unique case as little precedent has been set by the courts. RJW was chosen due to it’s reputation for providing excellent regulatory defence and impeccable client service. The case preparation took a year and RJW were able to examine and successfully criticise the approach taken by Trading Standards. This case utilised the skill sets of both a civil and criminal expertise and team work within the firm and this approach ensured a good result for the client.