Rogers & Norton News

Latest Success for Litigation Team against Border Force

Thursday, April 30, 2015

The Team has successfully secured the restoration of a Piano (with ivory keys) which had been seized by Border Force under Sections 49 (1) and 139 of the Customs & Excise Management Act 1979, the Convention on the International Trade in Endangered Species (CITES 1973) and Council Regulation 338/97 EC

Peter Hastings comments “ Our client had arranged for the Piano to be transported from South Africa to the UK. There was an issue with the Permits, which are required when importing a piano with ivory keys. The Piano had been in our client’s family for over a century and was of considerable sentimental value. There was an issue with the completion of the Permits which was explained and for which our client was not responsible.

We made a number of legal submissions including that the seizure and refusal to restore was  disproportionate and Wednesbury unreasonable, and also referred to Article 1, 1st Protocol ECHR.  Border Force considered our Appeal and  accepted that there were clearly exceptional circumstances and agreed for the Piano to be restored. Understandably, our client was very happy with the outcome and for Border Force agreeing to restore”.

The Team is currently dealing with a number of claims and disputes with HMRC and Border Force through the Courts and First Tier Tax Tribunal.

For further information, contact Peter Hastings on 01603 675603 or email peter.hastings@rogers-norton.co.uk.