A REAL ‘David and Goliath situation’ — Philip Warren & Son, local Launceston butchers since 1880, are taking on retail giant Lidl for selling meat under its ‘imitation’ brand Warren & Sons.

Philip Warren & Son, which began trading as WW Davey in 1880, are sixth-generation Cornish butchers and have spent many years creating their own reliable local brand.

They have built up great relationships with partner farmers and continue to farm their own land on Bodmin Moor. Today the business turns over around £11-million a year, and its shop on the Pennygillam Industrial Estate employs around 100 staff.

They pride themselves on supplying the best quality, locally sourced produce and so were stunned when a flurry of complaints reached their inbox in 2015.

Ian Warren, managing director of Philip Warren & Son, 42, whose father Philip took over in 1979, said: “Our business has worked tirelessly over four decades to establish our widespread reputation for the quality of our meat — all based on our complete commitment to genuine provenance.

“We have only ever used traditional methods of farming and butchery, even when most other independent butchers were being forced to move away from doing so or closing because of the increased competition from the supermarkets.

“Our dedication to the most difficult and least financially sustainable methods is because I, and my father before me, have always believed that it is the right way to do things — both because it results in the best possible quality of meat and also because we are supporting our local partner farms across the South West.

“We have had to deal with confusion over a number of years — including Lidl customers mistakenly contacting us to complain about the quality of the meat they had bought from them. Given our customers choose to buy from us because of our commitment to quality — whether that be the UK’s most highly regarded chefs or those looking to feed their families at home — the prospect of being mistaken to have a connection with Lidl is horrifying. I believe strongly that more should be done to ensure that producers and farmers such as ourselves and consumers, are protected from the types of deceptive branding used by supermarkets.”

Philip Warren & Sons is now suing Lidl for ‘passing off’ its brand name, but Lidl has claimed in court that the butcher was ‘too small to be badly affected’.

The case will now be seen by the High Court, something Ian puts down to the Stobbs IP team, who have agreed to act pursuant to a Damages Based Agreement (DBA) — other wise known as a ‘no win, no fee’ case.

Ian said: “It would almost be impossible for a family business like ours to take on a retail giant such as Lidl. I could not afford to expose the business to the cost and risk of pursuing a High Court claim — whether we win or lose, it would likely cost us more that we can afford to lose. That means that Lidl simply get away with it, which wouldn’t be right — I wanted to be able to take a stand.  For that reason, I am hugely grateful to the team at Stobbs for agreeing to represent us in a way that allowed us to take on Lidl. Stobbs and our barrister agreed to act pursuant to a Damages Based Agreement (DBA) — this is a type of ‘no win, no fee’ arrangement, with insurance in place to protect against the risk of having to pay Lidl’s costs if we lose. 

“We could never have pursued the matter without them, and I now hope that we all get the just outcome we have been striving for.”

Confident in their case, lawyer Julius Stobbs, founder of Stobbs IP, told the Post: “With this kind of High Court litigation they can go on for years — it’s been running on for quite a while.

“I think in this country we have a great legal system but it’s tough for small companies to take on the larger supermarkets who often use their buying power to intimidate others which keeps them out of court.

“Mr Warren has a strong business but it is unusual to get these David and Goliath situations.”

Mr Stobbs is working under a Damages Based Agreement (DBA) on Mr Warren’s behalf, which he said has helped the business pursue the case: “He didn’t have to pay out fees and I’d say that has helped the case along.”

When asked if he felt they have a strong case, Mr Stobbs said: “Fingers crossed. We are confident in our position.

“We don’t like [supermarkets] using brands to mislead customers, however it happens a lot unfortunately.”

He added: “At the end of the day though we will respect the judgment of the court.”

The Post contacted Lidl GB for comment. They said: “This is an ongoing court case so we cannot comment on the legal proceedings.”