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29-3-2016 8:53 am  #1

The Hoverspeed ruling. Appeal by HMCE (now HMRC)

The Hoverspeed High Court case was a landmark ruling that was appealed by the then HMCE (now HMRC).

Our document summarises in plain language the appeal ruling.

1).  If Customs cannot show in court that they had reasonable grounds to stop a traveller, this should infer that they did have reasonable grounds. The court decided that if customs could not show reasonable grounds, the stop would be illegal. However :-

2).  An illegal stop did not automatically mean that the seizure was illegal. However the burden of proof is on customs to prove on the balance of probability that the seizure was legal.

3).  The court ruled that customs could not perform random stops but could carry out stops based on trends and profiling.

4).  The court ruled that if a person brought goods in other than for his own use they would be classed as for commercial purposes. However personal use included gifts for friends and family and stocking up goods for a party.

Customs-v-Hoverspeed Appeal

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