Another success for our HMRC specialist team
The proceedings arose from the importation of goods in a container to Felixstowe. UK Border Force (UKBF) officers elected to examine the contents of this container. They took a sample of the goods and alleged that the goods had been mis declared and mis described. The results of the tests were challenged but the officers decided to detain the container and its contents as potentially liable to forfeiture.
Following more tests, the goods were seized leading to condemnation proceedings being issued. Just before the trial, UKBF and the Home Office accepted that the goods were correctly described. Arrangements were made to return them to our client. The six-month delay caused our client significant losses, both in charges relating to the goods and in lost profits.
The Court has the power to make orders for costs under s64 of the Magistrates’ Courts Act 1980 including under s64(1)(b) the power to make an order for costs “on dismissing the complaint, to be paid by the complainant to the defendant”. It was agreed that our costs would be paid plus damages leading to a full recovery being made. A S144 (keeping of smuggled goods, licensing act 2003) certificate was not issued.
Unfortunately cases like this are not unheard of. Find out more about our team, our experience and how we can help when dealing with HMRC and UKBF.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.