Barnier rejects UK’s Brexit customs plan – OUT-LAW.com

Posted July 30th, 2018 in brexit, customs and excise, EC law, news by sally

‘The UK’s proposed post-Brexit customs arrangements with the EU have been rejected by Michel Barnier, the EU27’s chief Brexit negotiator.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Tax experts ‘concerned’ by post-Brexit customs law plans – OUT-LAW.com

Posted January 30th, 2018 in bills, brexit, customs and excise, EC law, news, treaties by sally

‘The UK government’s desire to keep planned post-Brexit customs and tax legislation as wide as possible risks creating “unnecessary uncertainty” for businesses, tax experts have warned.’

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OUT-LAW.com, 29th January 2018

Source: www.out-law.com

Brexit Custom Laws Could ‘Slash Human Rights’ – Rights Info

‘New trade laws, which could allow ministers to water down or repeal equality laws altogether, are being debated in the House of Commons today.’

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Rights Info, 8th January 2018

Source: rightsinfo.org

UK government publishes post-Brexit customs legislation – OUT-LAW.com

Posted November 23rd, 2017 in bills, customs and excise, news, sale of goods, taxation, VAT by sally

‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers

‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’

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Drystone Chambers, 26th October 2017

Source: drystone.com

Childlike sex doll man given suspended prison term – BBC News

‘A man who imported a childlike sex doll he bought online has been given a suspended prison sentence.’

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BBC News, 29th September 2017

Source: www.bbc.co.uk

Ex-legal chief attacks Theresa May’s ‘foolish’ claim on European court of justice – The Guardian

Posted August 21st, 2017 in brexit, customs and excise, EC law, interpretation, markets, news by sally

‘Theresa May’s Brexit strategy has been thrown into new doubt as a former head of the government’s legal services ridicules the prime minister’s claim that the UK can break free of all European laws while continuing to reap the economic benefits of the EU’s single market.’

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The Guardian, 19th August 2017

Source: www.theguardian.com

Child sex doll an obscene item, judge rules – BBC News

‘A judge has ruled that a child sex doll imported by a former primary school governor is an obscene item.’

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BBC News, 31st July 2017

Source: www.bbc.co.uk

Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

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UK Constitutional Law Association, 24th March 2017

Source: www.ukconstitutionallaw.org

Commercial landlords may have to police illicit tobacco sales under HMRC proposals – OUT-LAW.com

‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’

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OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

Regina (Drax Power Ltd and another) v HM Treasury and another – WLR Daily

Regina (Drax Power Ltd and another) v HM Treasury and another [2016] EWCA Civ 1030

‘The claimants who were renewable source electricity generators brought proceedings for judicial review challenging the decision of the Government, announced in the Budget statement on 8 July 2015 and to take effect on 1 August 2015, to remove the exemption for renewable source electricity (“RSE”) from the Climate Change Levy (“CCL”), an environmental tax levied on electricity, gas, solid fuels and liquefied petroleum gas supplied to business and the public sector. Use by domestic consumers was excluded from the CCL. Article 15 of Council Directive 2003/96/EC permitted member states to apply exemptions or reductions in tax to electricity of renewable origin, and article 3 of the Parliament and Council Directive 2009/28/EC obliged them to ensure by 2020 at least 15% of all energy came from renewable sources. The removal of the exemption was provided in section 49 of the Finance (No 2) Act 2015, amending paragraph 19 of Schedule 6 to the Finance Act 2000. The judge dismissed the claimants’ claim for judicial review, holding that (1) the exemption fell within the scope of European Union law; (2) the claimants had failed to establish an express or inferred assurance that the Government had promoted a legitimate expectation not to withdraw the RSE exemption, that there was no basis for the contention that there had to be a two-year time limit for any withdrawal and that a prudent and circumspect operator should not have inferred that the exemption would not be removed without such a time limit; and (3) on the evidence the exemption’s removal had been justified in the public interest and, notwithstanding its evident harm to the claimants’ private interests and right to property in the form of concluded contracts to supply companies, came within the appropriate margin of discretion.’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

Tobacco smuggler has Kent land seized to help meet £4m public debt – The Guardian

Posted October 24th, 2016 in confiscation, customs and excise, human rights, news, proceeds of crime by michael

‘A convicted tobacco smuggler has been stripped of a prime parcel of riverside land in Kent to meet his more than £4m debt to the public purse. ‘

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The Guardian, 24th October 2016

Source: www.guardian.co.uk

Lingerie firm wins court fight over tax on bras for breast cancer patients – Daily Telegraph

‘Lingerie company bosses have won a Supreme Court fight over tax on special bras worn by women who have had a mastectomy.’

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Daily Telegraph, 13th July 2016

Source: www.telegraph.co.uk

Odd laws you may unknowingly break – BBC News

‘An 800-year-old dress code banning women from taking off their hats may finally be overturned later in Norfolk. But what other old-fashioned, or just plain strange, rules are in place around England?’

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BBC News, 31st May 2016

Source: www.bbc.co.uk

New powers to strengthen coastal security – Home Office

Posted May 27th, 2016 in customs and excise, drug trafficking, immigration, press releases by tracey

‘New powers to help target smugglers and prevent illegal entry come into force.’

Full press release

Home Office, 26th may 2016

Source: www.gov.uk/home-office

Five guilty for their involvement in importing “deadly weapons” into UK – Crown Prosecution Service

Posted April 22nd, 2016 in conspiracy, customs and excise, firearms, press releases by tracey

‘Harry Shilling and Michael Defraine have been found guilty today at the Old Bailey for their involvement in importing and possessing firearms with intent to endanger life.’

Full press release

Crown Prosecution Service, 21st April 2016

Source: www.cps.gov.uk

Amber Services Europe Ltd and others v Director of Border Revenue – WLR Daily

Posted January 14th, 2016 in appeals, customs and excise, forfeiture, law reports by sally

Amber Services Europe Ltd and others v Director of Border Revenue [2015] EWHC 3665 (Admin); [2015] WLR (D) 557

‘A conviction for an offence contrary to section 170B(1) of the Customs and Excise Management Act 1979 was not required in order for goods to be liable to forfeiture under section 170B(2).”

WLR Daily, 16th December 2015

Source: www.iclr.co.uk

David Bedenham Discusses HMRC’s Alcohol Wholesalers Registration Scheme that Commences on 1 October 2015 – 11 KBW

‘Alcohol duty fraud costs the treasury an estimated £1 billion per annum. HMRC has stated that
‘the wholesale sector is the major point where illicit alcohol is diverted by organised criminals into retail supply chains…this link in the supply chain is vulnerable because it is the only activity not required to be authorised by HMRC…Introducing a requirement for wholesalers to register with HMRC will address this and reduce opportunities for fraud.’’

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11 KBW, 4th September 2015

Source: www.11kbw.com

Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

Court sits at British Museum for first time as judge studies looted Libyan sculpture – Daily Telegraph

Posted March 31st, 2015 in artistic works, courts, customs and excise, news, theft by sally

‘Marble statue worth £2 million looted from a UNESCO world heritage site in war-torn country.’

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Daily Telegraph, 30th March 2015

Source: www.telegraph.co.uk