Lee Hughes, instructed by and working with Cameron Stubbs of Stephensons Solicitors LLP, recently secured the restoration of pallets of nitrous oxide canisters valued at over £100,000 to an international company following a seizure by Border Force at Harwich International Port.
In August 2023, Border Force seized 25 pallets of nitrous oxide gas canisters. The pallets were on their way to the Republic of Ireland and despite strict instructions not to transport them via the UK, the shipping company, looking to make a speedier trip, brought the canisters into the UK. Whilst nitrous oxide possession and transportation is not in and of itself illegal, possession and or transportation of nitrous oxide whilst knowing or being reckless as to whether or not another person will wrongfully inhale it is a criminal offence. The goods were seized as being “in breach of a prohibition or restriction on importation/exportation”.
In February 2024, Border Force wrote to confirm its decision not to restore the canisters to the company. Lee Hughes was instructed at that stage to advise on the strategic approach to the case, including both condemnation and restoration. Lee prepared thorough written submissions on restoration, including analysis of the law around psychoactive substances, Border Force policy on restoration and the exceptional circumstances of the restoration request.
On 2nd May 2024 Border Force contacted Cameron Stubbs to inform him that the canisters will be returned to the company, the effect being that the company will now not lose out as a result of the improper activities of the shipping company responsible for importation into the UK.
If you require advice regarding seizures by HMRC or Border Force, or representation in condemnation or restoration proceedings, please contact Lee’s clerk, Ty Price, on 0161 832 5701.
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