Trading law

Trading law basics

Finding out about the legal requirements of trading can help you stay within the law.

You may need information on trading law if you are:

• Starting a business
• Changing the services, you provide or the goods you sell
• Changing the countries you trade with
• Involved in a sector that has specific trading rules and regulations
• Are having problems with late or non-payment
• Are involved in a dispute relating to the sale or purchase of goods or services
• Want to legally protect an idea or name.

Trading issues and the law

Below you will find links to free information about some of the most common trading issues:

Rights and restrictions

Trading law – what you can and can't do

• The Consumer Protection from Unfair Trading Regulations 2008 – a guide to UK Legislation for legal duties to your customers.
• Business companion: trading standards law explained – a range of guides from the Chartered Trading Standards Institute for businesses on trading law.
• The Bribery Act 2010: Guidance – information from the Government on how to avoid bribery.
• The Competition Act 1998 and Cartels Guidance – a guide from the Government and the Competition and Markets Authority on how to avoid falling foul of competition law.

Goods or services not as described

• Goods are not as described – a guide from Citizens Advice about the customer’s rights on fake goods and those that are not accurately described.
• What you can do about faulty goods – a guide from Citizens Advice on how customers can request refunds, replacements, and repairs.
• Alternative dispute resolution – information from Business Companion on how to resolve a dispute out of court.
• Making a court claim for money – a guide from the Government on how to claim money through the courts.

Sector-specific regulations

• Regulation – a guide from the Government to business regulations and licences.

Trademarks and copyright

• The Intellectual Property Office – the government body responsible for intellectual property rights including patents, designs, trademarks, and copyright.
• Intellectual property for business – a guide from the Government including information on events, guidance, tools, and studies.
• Trademark registration – a guide from the Government on how to register and pay for a trademark.
• Patent application – a guide from the Government on how to apply and pay for a UK patent.
• Defend your intellectual property – a guide from the Government on what to do if someone infringes your intellectual property rights.

Contracts for sale or rental of goods or services

• Consumer contracts – a guide from Business Companion on trading standards law.

Payment or trading disputes

Late or non-payment

• The Prompt Payment Code – the voluntary code for standards of prompt payment to suppliers.
• Late commercial payments: charging interest and debt recovery – a guide from the Government on charging interest on late payments.
• What to do if you receive a County Court Judgement (CCJ ) – a guide from the Government on responding to a CCJ and arranging affordable payments.

Debt collection

• Enforcing a judgement – a guide from the Government on asking the court to take steps to collect payments.
• Late payment of commercial debts – a guide from the Government on your right to claim interest if another business is late paying for goods or services.
• Make and serve a statutory demand, or challenge one – a guide from the Government on making or challenging a statutory demand for payment of a debt.
• County court judgments for debt – a guide from the Government on responding to a CCJ and arranging affordable payments.

Trading disputes

• Reporting a problem to Trading Standards – a guide from Citizens Advice on how to report a business to Trading Standards.
• Resolving disputes through the small claims court – a guide from the Government on how to make a small claim online or by post.

Overseas trading

International trade

• Import goods into the UK – a step by step guide from the Government on how to legally import goods into the UK.
• Duty relief for imports and exports – a guide from the Government to paying, or being exempt from, export duty.
• Finding commodity codes – a guide from the Government to help you pay the right tax and duty and follow regulations.

Exporting

• Export services for UK businesses – a guide from the Department for International Trade to help you check if your company is ready for international trade.
• The Department for International Trade provides a service with guidance and support for exporters.
• Exporting goods abroad: A guide for small businesses – a starter guide from smallbusiness.co.uk.