Trading law

There are many different legal issues around trading, from what to do if someone fails to pay you on time, to the law around import and export.

Trading law basics

Finding out about the legal requirements of trading can help you ensure you comply with the law. You may need information on legal issues related to trading 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 with 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 are links to free online 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 – UK Legislation for legal duties to your customers.
• Business companion: trading standards law explained – Chartered Trading Standards Institute guide for businesses, including useful quick guides.
• The Bribery Act 2010: Guidance Government guidance on procedures to avoid bribery.
• The Competition Act 1998 and Cartels Guidance – Competition and Markets Authority on how to avoid falling foul of competition law.

Goods or services not as described

• Goods are not as described – Citizens Advice guide to fake goods and those that are not accurately described.
• What you can do about faulty goods – Citizens Advice guide to refunds, replacements and repairs.
• Alternative dispute resolution – how to resolve a dispute out of court.
• Making a court claim for money – how to make a claim for compensation online or by post.

Sector specific regulations

• Regulation – Government guide to business regulations and if you need a license.

Trade marks and copyright

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

Contracts for sale or rental of goods or services

• Consumer contracts – comprehensive guide on trading standards law.

Payment or trading disputes

Late or non-payment

• The Prompt Payment Code – voluntary code for standards of prompt payment to suppliers.
• Late commercial payments: charging interest and debt recovery – claiming interest and debt recovery costs dues to late payment.
• Alternative dispute resolution – how to resolve a dispute out of court.
• Making a court claim for money – how to make a claim for compensation online or by post.
• What to do if you receive a County Court Judgement (CCJ) – Government guidance on responding to a CCJ and arranging affordable payments.

Debt collection

• Enforcing a judgement – asking the court to take steps to collect payments.
• Late payment of commercial debts – your right to claim interest and debt recovery costs if another business is late paying for goods or a service.
• Make and serve a statutory demand, or challenge one – Government guide to making, or challenging a statutory demand for payment of a debt.
• Recovering debt from other countries in the EU – Government guides, depending on whether has admitted owing the money.
• County court judgments for debt – Government guidance on responding to a CCJ and arranging affordable payments.

Trading disputes

• Reporting a problem to trading standards – a guide from Citizens Advice.
• Resolving disputes through the small claims court – how to make a small claim online or by post.

Overseas trading

International trade

• Import and export licences – UK Government information on trade licences, and applications.
• Duty relief for imports and exports – UK Government guide to paying, or being exempt from, export duty.
• Finding commodity codes – UK Government guide so you pay the right tax and duty and follow regulations.

Importing

• Starting to import – UK Government guidance on importing inside and outside the EU.

Exporting

• Do I need an export licence? – UK Government guide to export licenses and responsibilities.
• Passport to export service – UK Government guide to UK Trade & Investment's help you assess your company's readiness for international trade, and start exporting.
• 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.

Last reviewed:14 January 2019.