Back to Legal Case Studies

Business Crime Solicitors Successfully Challenge Restraint Order

16 October 2012

Our Business Crime & Regulation Solicitors were instructed by the owners of a substantial leasing company to challenge a Restraint Order obtained by Trading Standards. 

A number of significant failings were advanced in support of the application and the Court accepted our primary point that, as Trading Standards would not be the prosecutor in the event that any proceedings were to be commenced, it had no power to apply for the Order in any event.

The Restraints were accordingly discharged and Trading Standards was ordered to repay our client's costs.

Other points advanced remain live and can be deployed to the client's advantage in due course if necessary.