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22 March 2013
Issue: 7553 / Categories: Case law , Law digest , In Court
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Customs & excise

R (on the application of First Stop Wholesale Ltd) v Revenue and Customs Commissioners [2013] EWCA Civ 183, [2013] All ER (D) 105 (Mar)

It was settled law that goods could be liable to forfeiture on grounds that had not been advanced or even known at the point of seizure or detention. Further, there was no requirement that, when detaining goods, the reason for their detention had to be given. There was no requirement in the Customs and Excise Management Act 1979 for any formal written notice of detention and it was not necessary for the notice required by para 1(1) of Sch 3 of the 1979 Act to be given at the time of seizure. Even in the case of seizure, notice was not required where goods were seized in the presence of the owner or the owner’s agent. Further, the fundamental principle of public law, namely, that, where the public law illegality concerned the decision-making process rather than the end result, the decision would be susceptible to judicial review and liable to be set

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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