Hill Dickinson’s defence lawyers navigate complex legal challenges on behalf of national retailer

National retailers are no stranger to the spotlight. Their names are plastered along our high streets, often becoming household names across the country. While this can be very lucrative for them, it also means there is heightened public interest in them. Small faults or issues can suddenly escalate to a national stage.

At Hill Dickinson, we’ve been supporting one particular retailer since 2010, working across its estate to protect its reputation and ensure compliance is upheld. The relationship was initially born out of a requirement for insurance advice and has evolved over time to offer a full range of services in response to the client’s changing needs. From this, our defence lawyers have now acted in a number of inquests and prosecutions, at all times guided by a deep understanding of the client and providing a strong quality of service.

Proactive and continuous improvement

Our defence lawyers have provided comprehensive support for a wide range of cases, including critical safety issues. In one particular case, an employee was injured by a falling shop sign, which could have led to prosecution. Our team swiftly dealt with the initial investigation and then our attention moved towards the wider estate. We recognised that this may not be an isolated incident and, given the size of the retailer, there was potential for more significant liabilities in the future.

Our team worked with the client to conduct a national review of signage across over hundreds of stores. This approach revealed that a significant number of stores had potential safety hazards related to signage. Our defence teams’ diligent work ensured that the insights gained from this incident were applied across the client’s entire estate. This not only mitigated the risk of further harm but also prevented future prosecutions.

Unpacking nuances and the smaller details

In another instance, the client faced a food safety issue following a local authority inspection. The initial inspection revealed a contaminated food product within a specific aisle of a store, escalating to a critical situation with a one-week deadline to rectify the issue. The potential consequences involved a multi-million-pound fine, significant reputational damage, and intense negative press scrutiny.

Upon the follow-up inspection, the client had successfully rectified the initial contamination in the designated aisle, however, the situation had unfortunately evolved, with the contamination spreading to other areas of the store.

The local authority brought a prosecution against the client. On a simple analysis of the facts, many would have accepted with a guilty plea. Given the scale of the business, the client had a relationship with a partner authority - an authority that works with the business to ensure compliance across its estate. In cases where a business has a partner authority, other local authorities must consult with the partner if it intends to prosecute the business. In the client’s case, the local authority did not take this step, meaning the initial case was dropped.

The local authority then went through the correct channels through the partner authority, however, the partner authority sought to block the prosecution. Despite these efforts, the local authority then took the case to the central government, who gave them the authority to bring the case forward once more.

Working closely with the client, we were able to explore every possible avenue of defence. Through this, we noticed a misstated deadline in the prosecutor’s paperwork, arising from a mistake in calculation from the date of inspection. In part due to this, and in part due to further unjustified delay, the prosecutor missed the deadline once more. The case was recommenced but dropped once again when the error was highlighted. What could have been a multi-million pound fine and national media circus was completely avoided through our team’s sharp eye for detail and close relationship with the client.

Building success through strong relationships and collaboration

This work is just one example of our approach with clients, building a deep understanding of their sectors and operations. We work closely to create strong relationships built on trust and collaboration, getting under the skin of client’s needs so we can advise them in the best possible way. Beyond this, we are committed to helping our clients succeed long term, working across their business to ensure learnings and best practice are applied across the board. This extends to some of the biggest names in retail, where reputational risk is high and therefore careful and considered advice is key.