Ashley specialises in regulatory compliance and litigation.
He is instructed by leading brands to advise and deliver workshops in relation to all types of risk and compliance matters relating to consumer protection, trading standards, advertising and marketing, environmental, food labelling, safety and hygiene, and health and safety issues. He is independently recognised as being well regarded for product safety, compliance and recall work.
Ashley has significant experience of acting for businesses under investigation or facing enforcement action in relation to regulatory offences. He has a broad range of experience, particularly in the retail and manufacturing sectors, including advising in relation to fatal workplace incidents, fire safety issues, food labelling and poisoning incidents, failed test purchases, defective and unsafe products (including product recall), misleading marketing and pricing, and export controls.
He advises clients on environmental, social and governance (ESG) related issues, including those relating to 'green' claims, slavery, trafficking, welfare, sustainable product sourcing (such as timber) and supply chain management. Ashley contributed to the firm's joint report with Energy and Environment Alliance (EEA), 'The "S" in ESG for the hospitality sector', which explores the key social issues and challenges in the hospitality industry and offers suggestions for businesses to make a tangible, long-lasting social impact.
Ashley is an executive member of the Chartered Trading Standards Institute Business Members Group and the Health and Safety Lawyers Association.
Experience
Examples of experience include advising:
- A leading European manufacturer of automotive parts in proceedings brought following a series of reportable incidents at a particular manufacturing plant resulting employees suffering serious wounds and amputations
- Various food and drink businesses on the compliance of food labels with relevant legislative requirements
- A national retailer in respect of concerns regarding the safety of various consumer products including chemical products, furniture and other household items and potential withdrawal and/or recall. This includes advising at the outset in respect of the risk assessment process and interpretation of relevant EC guidance, the appropriate level of investigation and testing required, and liaising with suppliers and enforcement authorities
- Providing training to a global real estate business regarding consumer protection laws governing the property sales including mis-descriptions and disclosure of information likely to impact a purchaser's decision
- Well known national brands in respect of the compliance of marketing campaigns and sales promotions with advertising, pricing and consumer protection rules
- A technology firm on the applicability of export controls to dual-use goods used in the production of electrical devices.
Ashley Borthwick has a keen eye for detail, is thoughtful, and provides prompt and thorough advice. He is very responsive, diligent and collaborative in his approach.
The Legal 500, 2020
Ashley Borthwick is an up-and-coming practitioner and quality operator.
The Legal 500, 2020
