Ramunas Jakutis v Director of Border Revenue (Excise Duty)

Decision date: 4 November 2010

Neutral citation: [2010] UKFTT 548 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Mr Jakutis appealed the Border Agency’s refusal to restore his Ford Galaxy after 5,466 cigarettes were found concealed in it at Dover on 9 November 2009. The tribunal upheld the review decision, finding the cigarettes were held for profit and the detection was aggravated, and concluded that the hardship of loss and inconvenience did not amount to the exceptional hardship required to disapply the non-restoration policy. The appeal was dismissed and the vehicle remained unreleased.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

A review decision refusing restoration will be upheld where the reviewing officer reasonably concludes the excise goods were held for profit and that the detection is aggravated; ordinary hardship from seizure is insufficient, and only exceptional hardship can justify disapplying the Border Agency’s general non-restoration policy.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The decision includes explanatory material on the Border Agency’s general restoration policy and the factors normally considered, including the distinction between carriage for profit and not-for-profit and the treatment of aggravated detections, but offers no further novel or binding legal propositions beyond applying that policy to the facts.