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Fisheries—Levy—Scope and lawfulness

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23 June 2011
Issue: 7471 / Categories: Case law , Law reports
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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

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