Border Force to Pay 100% of the Cost of Wine Seized Over Fears of Excise Evasion

Tajinder Barring of DBT & Partners successfully represented an established international drinks supplier after UK Border Force unlawfully seized a full lorry carrying over 16,000 litres of wine. Following a three-day appeal hearing, the court ordered Border Force to cover 100% of the client’s legal costs.

May 2018

Back in May 2018, Border Force officials at Anglesey Port stopped and inspected a vehicle carrying over 16,000 litres of wine coming from Ireland.

The officers believed there was a possibility of an attempt to evade excise duty, as they suspected the vehicle was not destined for France, as the driver had suggested.

Border Force contended that “an offence had been committed in respect of the goods by a person who had knowingly been concerned in the taking of steps with a view to the fraudulent evasion of excise duty” and therefore the wine was liable to forfeiture.

June 2019

A District Judge at Llandudno Magistrates court ordered the wine to be confiscated and disposed of last June.

The drinks supplier who organised the shipment appealed against the decision, with the help of DBT & Partners.

“There was no suggestion duty would be evaded”

After a three day hearing in Caernarfon Crown Court, Border Force’s case was roundly rejected. The Court ruled that the seizure of a shipment of wine should not have happened, and there was no suggestion that duty would be evaded.

The judge said, upon announcing the court’s decision, that the client was a reputable company and the decision to stop the vehicle was because it had been seized previously.

Since then, the vehicle has been sold and the ownership of the vehicle and the company’s operating license was questioned, but was not relevant to the ruling.

The court has ordered the UK Border Force to pay the costs of the appellant, which could include compensation of wine that was now out of date or disposed of.

Are you being accused of excise or duty evasion? Has HMRC or the Border Force seized your goods? Contact the experienced solicitors at DBT & Partners. to see how we can help you get the best possible outcome.

Photo © Malcolm Neal (cc-by-sa/2.0)