Quentin helps corporate defendant achieve minimal fine and avoid Proceeds of Crime Act proceedings for the sale of illegal vape products.

Quentin Hunt was instructed by MPR Solicitors to defend WVL, a limited company that was prosecuted by Warwickshire County Council for the sale of illegal disposable vape products. The prosecution was brought under regulations 36(2)(b) of the Tobacco and Related Products Regulations 2016 and 37(1) of the Tobacco and Related Products Regulations 2016 as well as offences contrary to section 92(1)(b) of the Trade Marks Act 1994. The limited company faced 10 charges relating to such sales of illegal vape products.

The operation by Warwickshire County Council was extensive and involved a number of online and in person test purchases of illegal products. During the course of the investigation the Council Trading Standards successfully applied for the company’s website to be taken down, this resulted in the company, which has a multi-million-pound turnover, losing significant levels of revenue.

Upon instruction, Quentin worked with his solicitors to ensure that the company’s website was restored to functionality. This involved correspondence with both the local and national trading standards and the registrar of the domain. This was accomplished in short order and enabled the company to continue trading and not lose significant revenue.

In light of the evidence in the case the defendant company was very much seeking to limit damage. Quentin liaised with the prosecution counsel in the case and managed to negotiate a deal on pleas whereby six of the charges were dropped in exchange for pleas on the rest.

As a result of this, the company received a fine of only £910 and was ordered to pay prosecution costs. Crucially, through negotiation with the prosecution it was agreed that an order under the Proceeds of Crime Act 2002 would not be sought by the Council. This saved the company potentially hundreds of thousands of pounds in lost revenue through a confiscation order. The directors of the company were thrilled with the result which. One director of the company described the result as ‘better than I ever could have expected’.

Quentin Hunt is a criminal defence barrister who specializes in Trading Standards cases and has a reputation for tenacious and effective representation of his clients’ interests. He accepts instructions both through solicitors and directly from members of the public or companies. If you face a trading standards investigation or prosecution then you can contact Quentin for a no obligation conversation about your case.