Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - October 1998 - March 1999 > C.751/96
Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of other investigations completed
CUSTOMS AND EXCISE
Complaint about a frustrated export
A business man complained that his company had incurred losses of some £65,000, including demurrage charges, as a consequence of delays and errors by Customs and by the Department of Trade and Industry (DTI) in dealing with the intended export of a container containing goods manufactured by his company. Customs had stopped the consignment because of concerns about the end use of the goods. They had sought advice of DTI who, after consultation, had refused to grant an export licence on grounds of an unacceptable risk over the use of the goods concerned. Customs did not release the consignment until they had investigated the possibility of a criminal offence. When Customs eventually released the consignment back to the company, over 19 weeks later, the goods were found to have been damaged by water penetrating the container. Apart from a minor clerical error by Customs, the Ombudsman found no ground for criticising either department. Both Customs and DTI had had reasonable grounds for their actions and only a court of law could decide whether any charges incurred by the business were the responsibility of Customs. Similarly liability for damage loss was a matter for the courts.
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