Success for Rogers and Norton’s HMRC and Border Force Team

27th Apr 2021

Our Team is delighted to have secured the restoration of goods that had been seized by UKBF as our client did not have a CITES Import Permit.

Our specialist team argued that a CITES Import Permit was not required as they fell under our client’s personal derogation as per Article 57.5 of Commission Regulation no 865/2006 paragraphs 3 & 4, and she had a full export licence in place. It was accepted that the goods should not have been seized. Our client commented “wow, I am really pleased and will always recommend you”.

Recently the Team has also successfully recovered very significant damages and compensation for businesses who have had goods unlawfully seized and destroyed by UKBF/HMRC. The Claims were referred to a Referee pursuant to Paragraph 17 of Schedule 3 to the Customs and Excise Management Act (CEMA) 1979. The Team is also acting for a number of businesses with Duty and VAT issues with HMRC, especially in relation to goods imported from Hong Kong and China, and are pursuing many cases of all goods and commodities through the First Tier Tax Tribunal and Magistrates Courts.

In addition, the Team is dealing with a dispute with HMRC concerning Farming Sideways Relief. Trade losses may be relieved by deducting the amount of the loss from other types of taxable income. There are restrictions to the use of losses in this way, known as sideways relief, to ensure that relief is only given for genuine commercial losses. The Appeal will be heard by the Court of Appeal in December 2021.