As you may be aware, a claim has been filed in the High Court in London by Bloomsbury International Limited and three associated companies within the British Seafood group against Seafish. Their claim is to recover levies paid to Seafish. Seafish has a complete defence to the claim and will vigorously defend it. We will seek the earliest possible resolution of this matter through the court processes.
The dispute with British Seafood relates solely to the question of whether the levy applies to imported sea fish and sea fish products. They do not challenge any other aspect of the levy. It is abundantly clear in our view that the levy includes charges on imports, and the entire industry has operated on this basis since the earliest Regulations were introduced. This is not least because section 14 of the Fisheries Act 1981 states that persons who import sea fish or sea fish products are engaged in the sea fish industry, and that they are therefore subject to the levy.
Seafish has taken Counsel’s advice that its interpretation of the legislation is correct and we are confident that our defence of this claim will be successful. Defra support our interpretation of the legislation that the levy is being charged lawfully and intend to intervene in the case to assist the Court on the interpretation of this legislation. We will obviously seek our costs of defending the claim from the various British Seafood group companies.
Seafish has the statutory duty to collect levy and is obliged enforce the levy against any person who fails to pay it. It is simply this action against Bloomsbury International Limited and the other claimant companies which was the subject of our press release on 30 October. Our position has not changed from then, and a copy of that press release is available on our website.
Much as I regret the need for this action and associated public statements, it is essential to our impartial, pan-industry operation that Seafish will continue to collect levies in the usual way and to revert to the full rigour of the law when so challenged. In the meanwhile, and to quote my chairman in the press release, it’s business as usual.
J. A. Rutherford
Chief Executive
