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Derek Millard-Smith

Manchester, United Kingdom

7 Testimonials
3 Case studies
2 Articles

Summary

Practice Areas:

  • Corporate and Commercial
  • Corporate Crime
  • Financial services
  • Motoring
  • Motoring Offences
  • Motorist Defence
JMW Solicitors LLP

Derek qualified as a solicitor in 2003 and has over 15 years’ experience in various legal sectors including Retail Consumer (including Trading Standards); Trading and Parking Enforcement Law; Financial Services; Regulatory; Driving Defences and Motorsports.  Prior to joining JMW in 2015 as a Partner, Derek spent 5 years at an international law firm in the North West.

Derek works closely with clients and regulators in order to achieve regulatory compliance therefore nipping regulatory investigations in the bud and maximising damage limitation where possible.  He finds practical legal solutions to avoid regulator concerns escalating to sanctions which would cause significant damage to client reputations. 

In his capacity as a trading standards solicitor, Derek provides compliance advice as well as managing clients investigated by regulatory bodies.

Derek’s specialist consumer areas include: Trading Standards, Retail Due diligence and compliance, Manufacturing and supply chain, Product safety and recall, Parking enforcement legislation, Consumer Credit permissions, Consumer Credit authorisations, Debt/Claims management and Advertising Standards. 

Derek has considerable experience within the Debt/Claims management sectors advising companies on Consumer Credit Regulation including appealing to the First Tier Consumer Credit Appeal’s Tribunal (CCAT).  He regularly advises on the FCA handbook and application and due diligence requirements for interim and full permissions for the provision of consumer credit.

Derek also acts for high profile individuals from the sporting and broadcast world to keep them on the road and minimising publicity.  He regularly negotiates court requirements to protect driving licences including contesting technical failings for speeding, failure to stop and report, failure to provide driver identity, mobile phone, careless, dangerous and drink driving matters.  

 

Previous Employment

Experience

Derek is a Partner at JMW with 16 years of Consumer and Trading Law experience, previously at an international law firm he provides valuable and practical assistance to corporate, retail and individual clients.

Derek is known for his ability to nip regulatory investigations in the bud, working with clients and regulators alike to achieve regulatory compliance.  His ability to find practical legal solutions in most instances and maximise damage limitation in the others, avoids regulator concerns escalating to sanctions that would cause significant damage to client reputations and their commercial viability.  

Derek is the leading specialist Lawyer in the UK Parking Sector and a such he and his team have been appointed by the British Parking Association (BPA) to represent its broad membership and in particular those parking enforcement companies and Local Authorities who are BPA Approved Operators.  Derek assists these members with compliance to ensure they treat consumers fairly.

Derek is also the only defence solicitor member of the Chartered Trading Standards Institute in its 126 year history, he is well known and respected by regulator and local authority enforcement teams who are happy to work with him to assist his clients.

Derek’s specialist consumer areas include, Parking, Trading Standards, Retail Due diligence and compliance, Manufacturing and supply chain, Product safety, Product recall, Parking enforcement legislation, Consumer Credit permissions, Consumer Credit authorisations, Debt and Claims management, Advertising Standards amongst others.  In his capacity as a trading standards solicitor, Derek provides compliance advice as well as managing clients investigated by regulatory bodies including Trading Standards, Consumer Credit, FCA, OFT, FOS, MOJ, ICO, MHRA and the Police.

Derek’s has acted and acts for:

Retail - 3 of the Britain’s top 4 Supermarkets,  a leading outdoor clothing company and a major Global merchandising, sourcing and product development retail partner.

Parking - the nation’s 2 largest parking and parking enforcement companies including involved in the recent Court of Appeal reasonable parking charges case.

Leisure Industry – Britain’s leading holiday park company

Manufacturing, distribution and supply chain – A Major European Haulier

As well as compliance and due diligence advice for new start-ups, giving them the best chance for a bright and productive future.

Education

This solicitor hasn't yet added any education to their profile

Testimonials

Group Solicitor for a top 4 supermarket regarding a Food Safety compliance investigation

Your advice and support has been very much appreciated and well done on an excellent result.

CEO of a diet company regarding malicious competitor allegations

I was very grateful for the time and effort that you put into sorting out my trading standards problems which could have caused me tremendous difficulties had you not been so efficient and professional when dealing with this on our behalf.

An Expectant Mother and An Unexpected Parking Ticket

http://www.jmw.co.uk/blog/an-expectant-mother-and-an-unexpected-parking-ticket/

Driveways, Highways and Parking Tickets

http://www.jmw.co.uk/blog/driveways-highways-and-parking-tickets/

Consumers, The Courts, Parking and Common Sense

http://www.jmw.co.uk/blog/consumers-the-courts-parking-and-common-sense/

Snap! Doctored Pics and A Parking Pickle

http://www.jmw.co.uk/blog/snap-doctored-pics-and-a-parking-pickle/

Drugs and Driving

http://www.jmw.co.uk/blog/drugs-and-driving/

Case Studies

Claims management Expertise

Derek has significant experience within the Debt management and Claims management sectors advising companies on historic and recent Consumer Credit Regulation including appealing to the First Tier Consumer Credit Appeal’s Tribunal (CCAT).  He also regularly advises on the FCA handbook and application and due diligence requirements for interim and full permissions for the provision of consumer credit.

R v Mason 2012

Derek has a strong Driving Defence brand and can be found on twitter as @DrivingLawyer .  He regularly negotiates the court requirements to protect driving licences as well as contesting technical failings for speeding, mobile phone, failure to stop and report, failure to provide driver identity, s172 notices, careless, dangerous and drink driving matters.  

Derek regularly assists high profile individuals from the sporting and broadcast world, keeping them on the road as well as keeping publicity to a minimum.  He has also successfully represented a number of individuals in cases dealing with allegations of perverting the course of justice through ‘points swapping’.

Motorsports Expertise

Derek also assists with the management and sponsorship of teams and drivers, in all levels of motorsport from grass roots to F1, recently receiving instructions and acting for Lotus F1 Team.  He is involved with rising star Josh Webster in the Porsche Carrera Cup and Welch Motorsport in the British Touring Car Championship (BTCC).

Published Cases

This solicitor hasn't yet added any Published Cases to their profile

Press Cuttings

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Achievements

Awards

Legal 500

Mentioned in 2016 edition of Legal 500

2016

Associations & Memberships

Chartered Trading Standards Institute (CTSI) - since 2010

Professional Body

British Association of Sports and Law (BASL) - since 2010

Professional Body

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