Penalties for Duty Evasion in the UK

People discussing the penalties for duty evasion in the UK

What are the penalties for duty evasion in the UK? Duty evasion is a synonym for evading taxes when bringing in an imported good into the United Kingdom. In the United Kingdom, individuals and businesses are expected to pay the necessary amounts of tax as per the law. Failure to do so can lead to severe penalties, which can vary from one case to the other. It’s in your best interest to pay the taxes to avoid being penalised for it in the future. This article highlights what the penalties are for duty evasion so that you know just how integral it is to never miss an opportunity to pay the taxes you owe to the government.

Penalties for Duty Evasion in the UK

As mentioned above, some cases can have more severe penalties—with the severest leading to jail time as well. If you or your business is ever dealing with charges of duty evasion, you should hire solicitors trained and experienced in this aspect of the law to help protect your interests to the best of their abilities. Your legal team may also be able to reduce the severity of the penalties by employing an effective defense strategy. Thus, it’s crucial that you get legal representation from the very start to be able to get the best possible outcome given the situation.

With that said, here are the penalties for duty evasion in the UK.

You can be charged with a summary conviction, or you may have a Crown Court case. A summary conviction is a petty or minor offence. Therefore, with this conviction, you may be able to settle the case without the right to a trial or jury. As they are minor offences, the penalties are also not severe. Thus, summary convictions of evasion of duty have no jail time, but you will have to pay a fine. The maximum fine is £20,000. You also will be expected to the duty you owe the government pertaining to the product being smuggled. It’s important to note that you have to knowingly be transporting these goods for you to be charged with evasion of duty. So, speak to your lawyer about what your options are regarding this matter.

Crown Court cases have more severe penalties. These cases involve major offences, so an individual charged with duty evasion can be sentenced to a maximum of seven years of imprisonment. In addition, there is an unlimited fine that can be set. Penalties for duty evasion in the UK under this category can be lower as well.

Final Words

Having a capable legal team can inform you about which category of duty evasion your case falls into. As a result, they can determine the possible penalties for your case and devise a defense strategy that may be able to reduce some of those penalties.

What Are Duty Evasion Offences in UK Law?

People discussing duty evasion offences in the UK

Evasion of duty in the United Kingdom is when an individual or group of persons does not pay the necessary taxes when bringing in an imported good into the UK. There are a few different examples of evasion of duty, and the penalties for cases depend on the severity of the charges. Thus, this article discusses examples of duty evasion offences in UK law, its penalties, and why you must hire capable lawyers to handle such cases for you or your loved ones.

Duty Evasion Offences in UK Law

There are different examples of evasion of duty in the UK. Below is not an exhaustive list but some examples of how individuals can be charged for this crime.

  • Smuggling (i.e., illegal entry) imported goods into the UK through false documentation or through concealment within a transportation vehicle
  • Acquiring possession of certain goods (that have chargeable duty) after knowing that the duty for those goods was not paid
  • knowingly carrying, depositing, removing, harbouring, concealing, or keeping any duty-chargeable goods with the intention to defraud the government of any payable duty
  • Acquiring possession of duty-chargeable goods that one knows were unlawfully removed from the Queen’s warehouse or a warehouse
  • Gaining possession of exported or imported goods that are restricted or prohibited (for example, firearms or drugs)
  • Attempting to evade paying duty on duty-chargeable goods or gaining possession of prohibited or restricted goods

A skilled and experienced solicitor in this field can better explain what offences are considered under duty evasion.

Penalties for Duty Evasion in the UK

The penalties for the crime can vary depending on the severity of the duty evasion offences in UK law. The case can fall into two categories: summary conviction case and Crown Court case. The former is far less severe than the latter. Therefore, the penalties for summary conviction cases related to duty evasion can have a maximum fine of £20,000, with no jail time.

However, the maximum fine for Crown Court cases for duty evasion is unlimited. In addition, perpetrators can be sentenced to imprisonment of seven years maximum. In both cases, you will also be expected to pay the duties that you evaded. In serious cases, you may have to pay more than double of the amount you owe to the government.

Final Words

Penalties can be severe for duty evasion offences in UK law. Thus, a team of capable solicitors experienced in this field can guide you on how to fight your case. In addition, the solicitors can develop a strategy to defend you and your loved ones to help reduce the charges and penalties of your case.

In some individual cases, you may also be unaware that you are committing duty evasion. So, you may be investigated for it, and without proper legal representation, you may not be able to have a favourable outcome.

What You Must Know About Disputed Estates in UK Law

disputed estates in the UK

The loss of a loved one can be devastating. However, the matter can lead to more anguish and continued frustration when dealing with a dispute over the deceased’s inheritance. In some instances, this dispute can only be resolved via legal intervention. If you find yourself in a similar situation, you can tackle the issue with integrity through will, probate, and trust dispute negotiation, mediation, and court action if required.

Here’s everything you need to know about disputed estates in UK law:

Inheritance Provision for Family and Dependents Act 1975

This 1975 Act defines categories of individuals who can raise a claim against a deceased individual’s estate on the basis that the estate does not reasonably provide for them financially. These claims can be filed within six months from the date of the grant of probate. In certain cases, an individual passes, and reasonable financial provision is not given to their dependents, breaking the terms of the will. When that happens, this Act allows you to claim against the person’s estate. You can only make a claim if you are the spouse or civil partner of the deceased, a child of the deceased, a financial dependent, the former partner of the deceased who hadn’t remarried, or someone who lived with the deceased for about two years before their demise. When considering your application, the court will assess several factors, including your financial needs and resources, the size of the deceased’s estate, and the needs of the other applicants.

How to Challenge the Validity of a Will

You can challenge the decease’s will’s validity on several grounds, including lack of knowledge and approval, testamentary capacity, fraud, and more. According to section 9 of the Requirements of the Wills Acts 1837, no will shall become valid unless:

  • It is written and signed by the testator or by someone else in his presence
  • The signature is acknowledged by the testator in the presence of two or more witnesses present simultaneously
  • The will is signed and attested by each witness in the presence of the testator

The Rule against Double Portions Related to Lifetime Gifts by Parents

The court views that a parent is responsible for providing for their children and presumes that they would want to treat their children equally. It’s where the rule against double portions enters the picture. The rule applies if your parent makes a provision for their child through will but then makes a lifetime gift to the child. The court presumes that the parent would not provide twice for one child while disadvantaging their other children. If the rule is followed, the lifetime gift is regarded as payment on account of the legacy, which is then reduced to reflect that payment.

Proprietary Estoppel

When it comes to disputed estates in UK law, you must also learn about proprietary estoppel. It happens when a testator represents to a beneficiary that they will leave their house to them in the will, that person relies on their words, and the testator does not follow through. This situation gives rise to an estoppel, which can prevent the testator from changing their mind. The testator becomes bound to follow through with their earlier promise. If someone claims proprietary estoppel, the court determines whether the claim should succeed or not and how to satisfy the equity for the disappointed beneficiary.

So, when you have a disputed estate case on your hands, reach out to a competent lawyer who can help you turn the case in your favour and get you your rightful inheritance.

What Do International Law Solicitors in the UK Do?

international law attorneys

International law, also known as the law of nations or public international law, is essentially a body of legal rules, laws, standards, and norms that apply between sovereign states, their individuals, and businesses. Typically, international law attorneys in the UK have a wide range of areas of expertise that enable them to win cases that require commercial and civil arbitration, litigation, and regulatory actions on an international level.

International law solicitors need to have a firm grasp of international law and how the geopolitical environment can impact their cases. They work closely with governing bodies, such as international embassies, high-profile clients, multinational corporations, and more. Usually, they have to handle all types of multi-jurisdictional and multi-disciplinary cases that require them to have vast knowledge, flexibility in their practice, and access to easy mobility to excel in cross-border cases.

Areas of Expertise of International Law Attorneys in the UK

International law attorneys in the UK offer a vast array of specialised legal services to national clients and those with EU connections and international clients working in the country, trying to acquire citizenship or expand their business.

Here are some areas of expertise that these lawyers focus on:

International Family Law

This area of law covers legal family matters when one or both partners reside or work in another country. The legal aspects might include offshore finances and assets, familial relations, and international custody or adoption. Hiring international law solicitors also becomes essential during divorce disputes and proceedings. They can work on a fair division of offshore assets, amicable or distraught separations, and required subsidiary legal actions.

International Debt Recovery

Several international debt recovery regulations must be followed to recover the outstanding payments revolving around high debt amounts. Debt recovery attorneys take immediate action to help you get that amount through preliminary legal actions, thorough litigation, and all related debt recovery process phases. Whether your case is related to money laundering, debt, fraud, white collar crimes, etc., an international law solicitor in the UK can help you.

International Wills and Probates

International law attorneys also work with laws surrounding probates, estate management, and wills. They can advise you on several areas concerning your loved ones’ probates, inheritance problems, and more. These lawyers have experience handling court cases covering inheritance and assets based in different countries in the EU and outside of it.

Other International Legal Areas of Expertise

Other areas of expertise in international law include business and private immigration, extradition, business defence, international criminal law involving international tribunals and dealing with international crimes, and international human rights law. Experienced lawyers deal with human rights complaints and claims internationally, bringing them forward in human rights courts and bodies worldwide.

Regardless of the type of case you have, you will need the guidance and help of an attorney who specialises in international law to find success. It’s because they will know where your case will be tried and what rules and laws they need to follow to deliver favourable outcomes for you.

Is Debt Recovery Possible in the UK?

Debt recovery in the UK

If you’re worried that your debtor will never pay you back, you can start a debt recovery process in the UK. Typically, debt recovery in the country has four main stages – Letter before Action or LBA, issuing court claims, attaining a CCJ or Country Court Judgement, and enforcing a CCJ. Other steps might include Insolvency Proceedings if required. Usually, debtors pay off the borrowed amount at the first stage, requiring no further action. However, in some instances, you might need to go all the way to collect what you are owed.

So, let’s explore the four stages of debt recovery in the UK!

Debt Recovery in the UK

Here’s what you need to know about the four stages of debt recovery in the country:

Letter before Action

Before starting legal proceedings for debt recovery, you should send a letter before action to the debtor. It’s a formal letter that requests them to pay the amount they owe you and warns them of the court claim that will follow if they don’t. It details the amount owed to you from the debtor and provides them with a time, typically seven days, to pay that amount. It’s the essential first step of the debt recovery process. You might have to forfeit the costs if you start legal proceedings without the letter.

Legal Court Claim

When you don’t receive a satisfactory response to your LBA, you can start the next step of the process by issuing legal proceedings via a County Court. This way, the debtor will receive a court form demanding them to pay the debt, interest, and related costs within 14 days. You might also receive compensation of £40 – £100 per invoice with your claim if the Late Payment of Commercial Debts (Interest) Act 1998 is applicable in your case. You will need the expertise of a seasoned lawyer to check the claim and then send it to the court for further action.

Obtaining a CCJ

A CCJ is a court order that confirms the debtor has defaulted on their payment. A Country Court Judgment is the final decision by a court, and it gives you the power to enforce action to collect your debt. It’s recorded against the debtor’s credit record, affecting their future chances of obtaining credit. You can acquire a CCJ directly after the expiry date of your court claim.

Enforcement of the CCJ

Once you have obtained a Country Court Judgment, you can immediately enforce the debt. Take the legal advice of an experienced debt collection attorney on the best way to enforce the debt so that you have the highest chances of success.

You can use multiple methods based on the particulars of your case. If you work with a competent lawyer, they will find precedence for your case and guide you toward the method that will be the most successful in helping you recover your debt quickly.

Annulment of Bankruptcy in the UK – An Overview

annulment of bankruptcy in the UK

At times, a business might face a bankruptcy order that it does not believe should have been given. Alternatively, an organization has repaid the debts that resulted in its bankruptcy and now wants an order from the court to end that bankruptcy. In such instances, the business can apply for an annulment of bankruptcy in the UK.

Let’s explore what that means!

What Is an Annulment of Bankruptcy in the UK?

The annulment of bankruptcy in the UK is filed when you need the court to cancel your original bankruptcy order. The annulment ensures that it appears as if the bankruptcy order was never made. This order is typically made under the Insolvency Act 1986’s section 282. Be mindful not to confuse it with the order rescinding a winding-up order in the case of corporate insolvency.

Who Can File for a Bankruptcy Annulment Order?

Contrary to what one might think, an annulment of a bankruptcy order isn’t just made by the person affected by the bankruptcy order, i.e., the debtor. The trustee named in bankruptcy, i.e., the person who controls the debtor’s estate, can also apply for it. Similarly, it can also be filed by a third party affected by the bankruptcy order.

Grounds Required for an Annulment of Bankruptcy

If you want to have your bankruptcy order annulled by the court, you will need to get it done on the following grounds:

  • If you can prove to the court that the bankruptcy order should not have been made in the first place since there was no justification for it
  • If the court surmises that the bankruptcy expenses and debts have all been secured and paid according to the rules and to the court’s satisfaction
  • If the undischarged bankrupt reaches an IVA or individual voluntary arrangement with their creditors

What Happens After an Annulment Order

The annulment of the bankruptcy order effectively enables you to restore your company’s position to what it was before the court made the bankruptcy order. So, unless the annulment was made based on the fact that you have resolved all your financial woes and paid off your debts, you will remain fully liable for all of the debts and property that were given to the trustee while your company was declared bankrupt.

How to Apply for an Annulment

Only the court of law has the ability to annul a bankruptcy order, which is why you will need to issue an application detailing your grounds for annulment. The trustee, bankrupt individual, or the bankrupt person’s civil partner or spouse can file for the annulment order. Whoever applies for the annulment of bankruptcy will need to prepare a witness statement to go with the application. It should include the evidence gathered in support of the grounds for annulment.

If you apply for an annulment on the basis that you have cleared all your debts, you must provide evidence to the court. You can do that by paying every individual creditor or bankruptcy trustee. If you cannot do that, you must at least provide evidence confirming that you have given security to the creditors, ensuring you will pay off all your debts in full.

Once you submit the documents and application to the court, it will provide you with a notice of a hearing. You will need expert guidance from an attorney well-versed in such cases to keep yourself from making errors that can result in your annulment of bankruptcy application getting rejected.

What Is Cohabitation in UK Law?

What is cohabitation in UK law?

Living with your partner in one home can be an exciting time and a big step in a romantic relationship. However, we often get caught up in the thrill of house hunting and starting a life together and forget about the laws involved in cohabitation in the UK. Despite what people might believe, when you live together with your partner, you don’t get the same legal rights as a married couple.

So, let’s explore what cohabitation in UK law entails and how you can protect your rights in such a living situation!

What Is Cohabitation in UK Law?

Cohabitation is essentially a term that describes unmarried couples who choose to live together. It applies to both opposite- and same-sex couples. If you share a home with your partner and are not in a civil partnership or married, you fall under the label of a cohabiting couple.

However, despite being incredibly common in the country, there are no defined laws for cohabitation in the UK. The term cohabitating can refer to various cohabitants instead of just an unmarried couple choosing to live together.

Despite the lack of clarity on cohabitation in UK law, many people are choosing to adopt this type of household. It’s due to the evolution of societal, economic, and religious motives for marriage, as well as the expenses involved in hosting a wedding and the increase in divorces. Today, couples prefer to test the waters while living together, but cohabitation has its share of disadvantages.

The Risks Involved in Cohabitation under UK Law

When you’re cohabiting with your partner, you have to face the risks involved in the breakdown of your relationship. While there will be no divorce proceedings, you might have to divide your shared assets and more. Whether you are about to move in with your partner or deciding to part ways with them, you should consider if you have an understanding of what assets belong to which party and what might happen if your home is under one party’s name despite both the parties having paid its mortgage and many other concerns.

How You Can Protect Yourself When Cohabiting with Your Partner

When you learn more about what cohabitation is under UK law, you can discover multiple ways to protect your interests in such a relationship. For instance, you can find a qualified attorney to draft a TA Cohabitation Agreement for you and your partner. The couple can include all of their contingencies in case of death or separation. It will be a mutually agreed-upon plan that can include individually owned and joint property, assets, child arrangements, finances, and more. With such an agreement, you can benefit from financial protection and the fair division of related and familial obligations.

Additionally, you can get a declaration of trust drafted for your property purchases to confirm who owns the property. This trust will reflect your unique agreement and propositions for the value and equity of the property. It formally records every wish of all involved parties to mitigate the risk of future disagreements.

Lastly, make a valid will and study the requirements of Child Maintenance Services to ensure your children’s best interests are taken care of in case of separation from your partner. A seasoned attorney will be able to help you go into such an arrangement with a sound mind and protect all your interests from the get-go.

What Do Extradition Defence Solicitors Do?

extradition attorneys

When an individual is accused or convicted of a crime in a foreign state that happens to have an Extradition Agreement with the UK, then that state can request that individual’s extradition from the country. The only way to fight such orders is through extradition attorneys.

Even in instances when a country does not have an established Extradition Agreement with the UK, they can draft special arrangements to ensure that individual’s removal from the UK. Being involved in an extradition request can be a significantly distressing experience since the requested individual is rarely provided with a notice of arrest at another country’s request. It’s when you can benefit from seasoned extradition solicitors’ services.

Let’s explore how an extradition solicitor can help you.

What Do Extradition Attorneys Do?

If you fear that you will be arrested under international law, such as the European Arrest Warrant, while residing in the UK, you should contact seasoned extradition defence solicitors. Since extradition is a technical law niche, you will need specialist attorneys to advance your case in a direction favourable to you and assist you throughout the often tedious process.

An extradition attorney is required to defend people arrested under a warrant and assess the strengths and weaknesses of their extradition request to prepare their case. They have well-established international contacts who can offer them further assistance when required. Experienced extradition attorneys deal with minor and serious allegations.

Extradition Solicitors’ Services

Here are the different aspects of extradition an experienced attorney can help you with:

  • Giving you advice before your extradition proceedings, going over Interpol Red Notice challenges, and more
  • Negotiating with the authorities to avoid extradition proceedings in their entirety
  • Coordinating with your extradition attorney team when needed, especially if your extradition request is politically backed
  • Advising you on voluntary surrender, police representations, and bail packages before eventual arrest
  • Challenging the extradition request in the court of law
  • Offering advice on all legal developments in the case
  • Assisting with all foreseen and unforeseen challenges of the extradition request
  • Utilising existing database and access to overseas contacts to attain expert reports in challenging the request
  • Facilitating a favourable compromise when required
  • Representing appellants in extradition appeals when required

The job of qualified extradition attorneys is to ensure that you can rely on comprehensive legal advice and support to prepare for your extradition case and challenge the request with the help of expert evidence and legal representation. Regardless of the origin of the extradition request, an experienced extradition solicitor will understand that request and the requirements of that country and help you navigate their consequences on you and your family.

The Bottom Line

Since facing extradition can be an overwhelming process, you must act proactively and hire the finest extradition attorneys to fight your case, offer you a fair trial, and provide sound advice and services to handle the technical, human rights, and statutory challenges involved in the case.

What Is Considered Careless and Dangerous Driving in UK Law and Why Does It Matter?

Careless and dangerous driving in UK law

There are several driving offences pertaining to how you’re driving in the UK, all of which come under two categories. These categories include careless and dangerous driving. Dangerous driving can pose a greater potential risk to the safety of the driver, other vehicular traffic, and pedestrians than careless driving. Therefore, cases of dangerous driving typically carry a greater penalty than those of careless driving. This article highlights what is considered careless and dangerous driving in UK law and why you should know about it.

Careless and Dangerous Driving in UK Law

If you are behind the wheel on the road (provided you have a driver’s licence), the law in the UK expects you to adhere to a minimum standard of driving. Failing to meet those standards leads to careless or dangerous driving, both of which are punishable by law. You should note that this law is applicable to all motor vehicles on the road, including motorcycles.

What Is Considered Careless Driving

Careless driving, according to UK law, is the act of giving less than reasonable consideration to other road users. Therefore, you can be penalised by the law if you perform any of the specific behaviours mentioned below.

  • Using your mobile phone while driving or being distracted by something inside your vehicle
  • Tailgating
  • Braking suddenly
  • Not looking properly, especially when taking turns
  • Allowing your attention to be diverted away from the road because of something outside of your vehicle—rubbernecking is an example of this
  • Getting on another driver’s path
  • Overtaking another vehicle from the inside

Penalties for Careless Driving

Being charged with careless driving may lead to different types of penalties, which include the following.

  • A fine of up to £5,000
  • Driving disqualification
  • Between 3 and 9 penalty points

What Is Considered Dangerous Driving

As mentioned above, dangerous driving in the UK is a little more extreme than careless driving. Thus, it entails behaviours that actively put your life or the lives of others within your car or on the road at risk. Examples of dangerous driving include the following.

  • Driving over speed limits, driving aggressively, or racing other drivers
  • Overtaking other vehicles dangerously
  • Driving a vehicle that you know has a major fault or hauling an unsafe load
  • Driving under the influence of drugs or drink—prescription drugs included
  • Not following road signs, traffic lights, or passengers’ warnings
  • Driving while being physically unfit to do so, including being unable to see clearly, injured, fatigued, etc.
  • Allowing your attention to be diverted by something in the car

Penalties for Dangerous Driving

Being charged with dangerous driving may lead to different types of penalties, which include the following.

  • A fine with no upper limit
  • Driving disqualification for at least 2 years
  • Between 3 and 11 penalty points
  • Possible imprisonment

Final Words

Being charged with careless and dangerous driving in UK law can have significant penalties. So, if you believe you are being wrongfully persecuted, get legal representation to fight your case.

Can Solicitors Help If You Are Driving Whilst Disqualified?

A driver wearing glasses

Driving whilst disqualified is considered an absolute offence, which means no fault elements are needed to declare an offender guilty. This means that if you are caught at the wheels while you are banned from driving, your chances of escaping punishment are slim to none.

However, in some cases, you might be able to find some wiggle room if you have a solid defence. If you find yourself in that scenario, you must seek help from motoring offence solicitors to ensure that you have adequate justification to mitigate your penalty. Unfortunately, your odds of getting the offence reversed altogether are non-existent since it is seen as a major crime.

What Happens When You Are Caught Driving After Disqualification?

If the police catch you in a motor vehicle whilst you are disqualified, you will be immediately taken to the police station. You cannot escape this fate because officers will only listen to you after you have been arrested. That is, you will be interviewed after you have been photographed at the station and your fingerprints and a DNA test have been taken.

What Is The Penalty For Driving Whilst Disqualified?

There are many motor offences that a person can commit, but if they are caught behind the wheels while they are banned, they will face severe punishment.

The penalties for driving whilst disqualified include

  • A fine up to £5000.
  • An extension to your driving ban
  • Six points of penalty on your driving license
  • Community service
  • Mandatory attendance at motor safety seminars
  • A curfew
  • Imprisonment up to 12 months

Your punishment may be more severe depending on your ban period. That is, the longer the ban period you have been given, the more serious your offence will be. Hence, your penalty could be more severe, such as longer imprisonment.

Moreover, it must be noted that your driving ban period will be decided based on your motor offence track record. If you get 12+ points within 3 years, you will be disqualified for 6 months. If you are charged a second time within 3 years, your disqualification duration will go up to 12 months. Lastly, if you are disqualified a third time within the same 3 years, you will be banned for 2 years.

What Defences Are There When Caught Driving Whilst Ban?

Although there aren’t many justifications that you can give to save yourself from the penalty for driving while banned, you can try to appeal for leniency in magistrate court on the basis of the following accounts.

  • You were not driving the vehicle.
  • You were not driving on a public road with other motor vehicles
  • The police made an error and that you weren’t disqualified or that your disqualification period had passed a while back.

If you present a well-supported case in magistrate court, you can get your sentence or fine reduced.

However, as already mentioned, getting lenient treatment when caught driving whilst banned is almost impossible unless you are absolutely certain you are not guilty.

The best practice in such a scenario would be to reach out to motor offence solicitors and let them study your case. If they believe that you are indeed innocent, they may guide you to apply for a plea in court.