Exam Success

20th Sep 2019

I was delighted to have recently achieved a distinction when completing my STEP Diploma specialising in advising vulnerable clients. This exam success has led to me being admitted into the Society of Trust and Estate Practitioners as a full member, together with a further examination that allowed membership to the Solicitors for the Elderly.

The two admissions to professional bodies focussing on elderly and vulnerable clients, means that I am able to focus on advising these groups of clients on a specialist basis. I will continue to advice on Wills, Lasting Powers of Attorney and Probate matters and am also able to assist with Court of Protection work including Deputyships and Statutory Will applications. I am happy to assist clients who need professional assistance with dealing with their affairs.

Friend in Deed ‘Little Visitor’ session at Brooklyn House Care Home

11th Sep 2019

We were delighted with the success of the first Friend in Deed ‘Little Visitor’ session at Brooklyn House Care Home in Attleborough last Monday.

It was brilliant to see such a brilliant turnout of mums, toddlers and babies – the residents at the care home were absolutely bowled over. Everyone noticed how well the residents responded to the ‘Little Visitors’ and the staff at Brooklyn House are convinced that the sessions will bring a really positive impact, both socially and emotionally, for all involved.

We received really positive feedback from both the mums and residents – the sessions not only helps to alleviate loneliness for some of the mums, but really brought out the youth in the residents, who can’t wait for next Monday.

Aidan Tidnam, Ellie Walpole and Charlotte Ranson, from Rogers & Norton, attended and were really pleased with how well it went and to experience the joy it brought to all concerned. Charlotte, who is a solicitor in our Private Client team at our Attleborough office, will be attending on a regular basis to support the care home at the sessions.

If you are interested in taking part the residents would love to meet you and your youngsters just click going and register your little one as a visitor at the following link https://www.friendindeed.org.uk/volunteering (one form per child) and arrive on the day, bring along a couple of games/books for your little one to share.

UK Border Force Success for Litigation team

6th Sep 2019

We are delighted to report that our litigation team have had further success at Court in Southampton, recovering valuable nitrous oxide canisters. The gas was seized by UK Border Force earlier this year, as it is illegal to supply or import for personal use, unless it can be proved to be destined for use in cream chargers for use in the catering industry.

Oliver Powell from Outer Temple Chambers acted on our behalf and we were delighted with his work and advocacy.

Although the gas was previously a ‘legal high’, it is now illegal to supply or import Nitrous Oxide for personal under the Psychoactive Substance Act 2016. Nitrous Oxide is used as pain relief during medical procedures such as dental work – it can also be legally bought for use in whipped cream dispensers for catering purposes.

As the gas can be legally used in dispensers, it has led to companies having large scale issues with HMRC and Border Force retaining their goods as long as possible and asking for additional proof of the intended use for catering purposes. Such detention and seizures cause serious financial implications for businesses legitimately importing them.

The goods in question are a new product in a disposable gas bottle, filled with E942 food grade Nitrous Oxide. The idea is to make things simpler for the catering industry, who currently have to import the product in cream chargers.

It was the UKBF’s case that the Goods imported were liable to forfeiture under the Customs and Excise Management Act 1979 (‘CEMA’), because they were in breach of a prohibition imposed by s.12 PSA 2016. They were also liable to be forfeited under the Psychoactive Substances Act 2016 (‘PSA’), as they could be consumed by any individual for their psychoactive effects; and the importation was not for an exempted activity.

Following the initial argument and further evidence from the Company, the UKBF withdrew their application for condemnation of the goods the day before the trial was due to commence. Despite UKBF’s opposition to the application for costs, they were successful.

In addition, the decision had wider implications for the Company, with the UKBF agreeing to withdraw a further application for condemnation of goods seized from the Company that was due to be heard in Ipswich in autumn 2019.

Our litigation team have a wide ranging understanding and knowledge of the workings of HMRC Border Force, acquired over many years, enabling them to offer support and advice to clients who experiencing difficulties when importing goods. We are experienced in Condemnation Proceedings, Restoration Claims, Appeals to the First Tier Tax Tribunal, High Court injunctions and Judicial Reviews.

UK Border Force CBD clampdown continues – success for Rogers and Norton

The litigation team continues to be busy, having successfully recovered a consignment of cannabidiol (CBD) seized by UK Border Force.

As we have previously covered in an earlier article, there is considerable confusion in UK law around CBD oil and across the EU in general, with the vast majority of cannabinoids listed as controlled substances under the Misuse of Drugs Act.

However, CBD is an exception and is completely legal in the UK, provided it has been derived from an industrial hemp strain that is EU-approved.

For CBD oil to be legal in the UK, it must contain no more than 0.2% tetrahydrocannabinol (THC) which must not be too easy to separate from it. By contrast, cannabis oil, which has a higher THC content, is not usually allowed in the UK.

The legalisation of certain aspects of this rule has created uncertainty and misinterpretations of the law by both UK Border Force and those wishing to import the product, this has led to wide ranging and high profile seizures at points of entry into the UK.

The seizures are highly emotive and create anxiety for the importer, as they normally for medicinal purposes thus often making a difficult situation worse. The need to seek experienced and knowledgeable legal advice at an early stage is of paramount importance

An understanding of how UK Border Force works and to know the process of dealing with the courts, together with the basis of how to question the reasonableness of the seizure, is vital to the speedy and prompt return of the items in a very stressful scenario.

Rogers & Norton’s HMRC and Border Force litigation team specialise in handling HMRC Border Force claims relating to the detention and seizure of a wide variety restricted goods in addition to VAT, Tax, Duty and Tariff issues.

We are challenging seizures and seeking restoration on a variety of goods and seeking restoration, in addition to challenging Assessments.

The team deals with the worldwide importation of goods to the UK, including the huge market from China. We work with clients who want goods restored at all major ports of entry, such as Felixstowe and London Gateway, together with Stansted, Gatwick & Heathrow.

We have a strong understanding of Border Force systems and can act quickly and decisively to support our clients in getting their goods restored through the High Court, First Tier Tax Tribunal and also injunctions and Judicial Reviews.