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The Court of Appeal has upheld the High Court’s dismissal of a challenge to the ban on dealing in ivory imposed by the Ivory Act 2018.

The Appellant, a company which represented the interests of antique ivory dealers and collectors, contended that the Ivory Act 2018 (primary legislation which is not yet in force) was contrary to EU law because the ban was a disproportionate interference with the free movement of goods and antique dealers’ rights. It appealed the High Court’s judgment. The Court of Appeal (Master of the Rolls, Singh and Green LJJ) upheld Mr Justice Jay’s judgment that the ban was not disproportionate. 

The full judgment can be read here

Tom de la Mare QC and Eesvan Krishnan acted for the Appellant company. 

Sir James Eadie QC, Hanif Mussa and Daniel Cashman acted for the Respondent Secretary of State. 

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