The Supreme Court unanimously upheld an appeal against the decision of the Court of Appeal that the charging of a levy on imports of sea fish and sea fish products was unlawful. The levy had been imposed by the Sea Fish Industry Authority for nearly 30 years under the Fisheries Act 1981. This litigation raised important issues in particular as to the application of articles 28 and 30 of the Treaty on the Functioning of the European Union which prohibit charges equivalent to customs duties. This is now the leading domestic authority in this regard.
Charles Flint QC and Robert Weekes acted for the Sea Fish Industry Authority, the principal defendant at trial and the principal respondent in the Court of Appeal. Robert Weekes acted for the Authority, intervening in the Supreme Court.