HMRC and UK Border Force – seizure of goods
Our HMRC and UK Border Force Litigation team have long-standing experience and success with dealing with law-enforcement and seeing our clients’ goods restored. Over the last few months we have worked on a number of cases where different goods have been seized by Border Force.
Recently, our team has helped numerous businesses to restore consignments of nitrous oxide when importing the goods from China or Europe. We regularly challenge the legality of the seizure as the goods were to be sold lawfully in the catering industry. This is a problem we are seeing more often due to the increase in recreational use of Nitrox Oxide. A change in legislation back in 2016 criminalising the supply, production, and possession with intent to supply of psychoactive substances has caused increasing obstacles for those who import nitrous oxide for legitimate use in the catering industry.
In another case, we have helped a client when an expensive bottle Whisky was seized by UK Border Force at Heathrow Airport. We challenged the legality of the seizure and applied for restoration. On Review, it was accepted that the seizure as disproportionate and that the bottle had been passed through the family and had a sentimental value attached to it. We made a full submission that addressed legality (we considered the seizure was unlawful) and also submitted substantial grounds for restoration.
Our client’s testimonial stated “I just wanted to thank you for all your effort in obtaining this result…… I really think that if it wasn’t for me finding you when I read one of your “case studies” online by pure chance, this dreadful episode in my life would have been much worse.”
Finally, goods containing traces of alligator skin were seized under section 139 of the Customs & Excise Management Act 1979 as liable to forfeiture under section 49 (1) (b) as the required permits had not been obtained. This was contrary to the prohibition and restrictions imposed by the Convention on the International trade in Endangered Species (CITES) 1973 and specifically within the EU. Council Regulation 338/97.
It was an oversight by our client’s agent but we made a robust submission for restoration which included submissions on proportionality. The goods were released quickly. The value of which exceeded £1m.
The import or export of any item that requires a permit as required by the Convention on the International Trade in Endangered Species (CITES) 1973, is currently causing a great deal of confusion. The litigation team has dealt successfully with many cases where companies and individuals could potentially lose large sums of money as a consequence of seizures and failing to obtain the correct Import Permits before the goods have arrived in the UK.
Our detailed knowledge of CITES together with a thorough understanding of the system means we are able to act quickly and decisively to support our clients in getting goods restored. This also applies to items such as Rosewood.
We understand the importance to engage HMRC and UK Border Force immediately to reduce the challenges and financial hardship that our clients could face when their goods are detained or seized. If you have had nitrous oxide or any other goods detained or seized and require assistance, please contact Peter Hastings, a specialist HMRC and UK Border Force solicitor at ph@rogers-norton.co.uk. We can also advise on seeking Injunctions, Judicial Review, Regulatory issued and on Criminal Proceedings, including PACE 1984 and Proceeds of Crime Act 2002.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.