Regina (Hoverspeed Limited and others) v Commissioners of Customs and Excise: CA 10 Dec 2002

Passengers leaving a ferry had been stopped by Customs. The vehicle was searched and a quantity of alcohol and tobacco found, which they believed not to be for personal consumption. The car and imports had been forfeited. The court had said that the methods used to select vehicles to be searched were unlawful.
Held: It was appropriate for Customs to use statistical profiles to select vehicles to be stopped. Such methods were capable of being reasonable grounds for suspicion. A blanket approach was unjustified, but selecting particular individuals for investigation where they fitted certain identified patterns could be justified. A seizure of the offending articles following an unjustified stop need not be unlawful, and someone aggrieved by a seizure should take advantage of the framework of remedies available to him. Goods acquired ‘for his own use’ was not restricted to the personal individual use by that individual, but could include, for example, someone stocking up for a party, or acquiring them as gifts for a friend or relative. Use outside the range of such personal use was deemed to be commercial use.
The Master of The Rolls, Lord Justice Latham, Lord Justice Mance
Times 16-Dec-2002, [2002] EWCA Civ 1804, [2003] 2 All ER 553, [2003] QB 1041, [2003] STC 1273, [2003] 2 WLR 950
Bailii
Customs and Excise Management Act 1979 163 163A
England and Wales
Citing:
CitedHoverspeed Limited, Alan Charles Andrews, Pauline Andrews, Lynne Andrews, George Wilkinson v Commissioners of Customs and Excise QBD 31-Jul-2002
The applicants operated ferries between Britain and France. Their customers were being stopped by Customs and Excise, and they sought to challenge the validity of the Order and non specific ways of selecting vehicles to be stopped.
Held: The . .
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:
CitedCommissioners of Customs and Excise v Newbury Admn 3-Mar-2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive.
Held: The directive had direct effect and precedence over . .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.178454