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Wednesday, 31 July, 2002, 11:08 GMT 12:08 UK
Case victory for cross-channel shoppers
landmark case finds against HM Customs
HM Customs has "acted beyond its powers"
Cross-channel shoppers have won a victory in the High Court against heavy handed anti-smuggling tactics used by HM Customs.

Some of the tactics used by Customs officers have been widely seen as draconian, including the seizure of goods and the detention and searching of day-trippers.

Most controversially, many cross-channel shoppers have had their cars impounded; the cars are often sold on or in some cases even crushed.

Recently, Customs admitted that it had sold or destroyed 10,200 impounded cars during the last year.

The government has been warned in the past by the European Union that it could face legal action unless it halts such seizures.

The shoppers, supported in their case by Sea Containers, the parent company of cross-channel operator Hoverspeed, had argued that ordinary people making legitimate purchases were being penalised unfairly.

Way open to sue

The judges in the case concluded that the tactics employed by Customs officers were incompatible with European Union Law.

As a result of the case, Customs and Excise is liable for 80% of claimants' costs, unofficially estimated to run into several hundred thousand.

Commenting after the win, a Hoverspeed spokesman said: "The judgment is that the Customs acted beyond its powers."

In future said the spokesman Customs would have to tread more carefully. "They will now only be able to stop people if they have a legitimate suspicion that passengers have committed a crime."

Although Customs have been given leave to appeal, the decision could open up the way for shoppers that have had their goods seized or cars impounded to sue.

Reaction amongst today's day-trippers was jubilant.

Paul Shearn, 41, from Dover, who regularly makes the trip across the Channel to stock up cigarettes said: "It's great news, it should have happened ages ago."

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