Condemnation & Cash Forfeiture Cases

Condemnation of a luxury car

Paul acted for the Border Force in a matter where an individual had his Porsche Cayenne seized under sections 88 and 139 of the Customs and Excise Management Act 1979 as having been ‘adapted’ by the construction of two concealed voids in the sills of the vehicle. The vehicle had been purchased second hand by Continue reading

Obtaining condemnation of goods

Lavinia represented the Director of Border Revenue – the Complainant – in a case where the Claimant’s tobacco products had been seized. The Claimant’s main argument was that; as he had purchased these goods in an EU country he was entitled to bring back as much as he wanted. Lavinia highlighted that, although there were Continue reading

Successfully defending a Crown Court appeal

Paul acted for the Border Force, responding to an appeal in the Crown Court against a condemnation (and costs) order made by the Magistrates’ Court. Mr A had travelled into the United Kingdom with 10,400 cigarettes in a car belonging to his brother, and was stopped by the Border Force, who seized the cigarettes and Continue reading

Cash seizure on leaving the UK

Paul represented the Home Office in a case concerning a cash seizure of approximately £40,000 from foreign nationals leaving the UK through Dover Docks. The concealed and undeclared cash was claimed to be the profits of online gambling and/or foreign property transactions, however the lack of sufficient audit trail or evidence of currency exchange suggested Continue reading

Tobacco and car seizure (H v A & B)

Paul acted for two non-smokers who had been stopped at Dover Docks with 20 kg of hard rolling tobacco which they claimed was for gifts for family and friends; the tobacco and car been seized on the grounds that the this was excessive, and therefore more likely to be intended for sale. Paul worked with Continue reading

Seizure of vehicles in multiple use of ARC

Paul acted for the Home Office in a case involving the seizure of several tractor and trailer units (and associated consignments of alcohol) involved in multiple use of ARC documentation (the transportation of excise goods duty free under bond). The hire company which leased the trailer units was appealing the seizure of nearly half their Continue reading

Cash seizure relating to money laundering

Edward acted for defendants in a case involving a large sum of cash seized upon importation from Eastern Europe. HMRC alleged that the cash was recoverable property and intended for use in unlawful conduct. It was held that the cash was neither unlawful in origin nor in intended use. Forfeiture was refused and the cash Continue reading