header-logo header-logo

Fisheries—Levy—Scope and lawfulness

23 June 2011
Issue: 7471 / Categories: Case law , Law reports
printer mail-detail

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25, [2011] All ER (D) 91 (Jun)

Supreme Court, Lord Phillips P, Lord Walker, Baroness Hale, Lord Mance and Lord Collins, 15 June 2011

The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to any form of bringing into the United Kingdom, commonly by sea or air, wherever the sea fish or fish product might have been first landed after catch. The levy constituted an internal tax under Art 110EC, rather than a customs duty contrary to Arts 28 and 30, and was therefore not unlawful.

Fergus Randolph QC, Margaret Gray and Karwan Eskerie (instructed by the Wilkes Partnership) for the claimants. Hugh Mercer QC, Tim Eicke QC and Iain Quirk (instructed by DEFRA Law & Corporate Services) for DEFRA. Mark Hoskins QC and Robert Weekes (instructed by the Treasury

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll