header-logo header-logo

Flaws in the system

07 May 2009 / James Kirby
Issue: 7368 / Categories: Opinion , Public , Legal services
printer mail-detail

Is the weight of legislation affecting the administration of justice? James Kirby reports

In R v Chambers [2008] EWCA Crim 2467, [2008] All ER (D) 170 (Oct) Mr Chambers had pleaded guilty to an offence under s 170(1)(b) of the Customs and Excise Management Act 1979.

Put briefly, 600kg of tobacco had been smuggled in to the UK from Belgium. Mr Chambers and a co-defendant were later found on commercial premises in Kent with keys to lockups containing that tobacco: £66,120 of duty had not been paid. It was never the Crown’s case that Mr Chambers had been involved in the importation, but was rather concerned in warehousing the tobacco for onward sale.

But under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 (SI 1992/3135) the smuggler or his “consignee” are liable for the evasion of the duty payable on imported goods such as tobacco. The trial judge concluded that Mr Chambers had obtained a pecuniary advantage equal to the value of the unpaid duty. A confiscation order was made

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll