Last week at Southampton Magistrates’ Court a case lasting nearly 18 months was finally brought to a successful conclusion for one of Laura Saunsbury's clients. In December 2013, our client Paul White had two shipments of goods from the Far East seized by the Border Force on the basis the consignments contained items that were believed to be prohibited under the Firearms Acts. A reputable dealer in militaria goods, much sought after by battlefield re-enactment enthusiasts and collectors of military ephemera, Mr White had immediately instructed Laura Saunsbury to challenge the seizures.

The Border Force issued condemnation proceedings but eventually accepted the detailed submissions Laura made that none of the goods were prohibited. They finally released everything after 14 months. In spite of this about turn, the Border Force refused to settle Mr White's legal costs. At the costs hearing on 22 May 2015 his application for costs was skilfully presented by specialist firearms barrister Nick Doherty of 4 King’s Bench Walk. The Court thanked Mr Doherty for his clear presentation of the facts and the law, and ordered the Border Force to pay Mr White’s costs in full. 

In contesting the costs application, the Border Force relied on a number of authorities relating to the confiscation of cash pursuant to the Proceeds of Crime Act, most notably the case of Perinpanathan v Westminster Magistrates’ Court 2010, which had established the principle that, provided the Police and other law-enforcement agencies can demonstrate their seizure of the individual's money was reasonable at the time based on the limited information available at that stage, then the State should not be liable for the individual's legal costs in successfully contesting the seizure. In their ruling in our client's favour, the Southampton Justices agreed with the submissions from Mr Doherty of Counsel that the facts of Mr White's case should be distinguished from Perinpanathan and the other authorities. While it may initially have been reasonable to seize the potentially prohibited goods pending examination and further investigation, the issue could have been resolved relatively easily, and months earlier, by the Border Force having had any questionable goods examined by a firearms expert. The substantial delay in doing this and ultimately taking 14 months to come to a decision to release our client's goods was considered by the Magistrates to be wholly unreasonable, hence the order for costs.

Mr White is the director of two successful businesses, Dugup.co.uk specialising in battlefield relics and other militaria collectibles, and The Military Man that supplies military surplus. In expressing his appreciation, Mr White said:

“When it comes to firearms law Laura Saunsbury and Nick Doherty really are a dynamic duo. The outcome was nothing less than I had expected from them. They deserve the reputation they have earned themselves in this complex area.”

Laura Saunsbury has something of a track record in securing the recovery of unnecessarily incurred legal costs for her clients from law-enforcement agencies when they fail to act with proper efficiency. In another case, she and Counsel were successful in securing an award for a client of nearly £11,000 in wasted costs from the Crown Prosecution Service at Croydon Crown Court in July 2014. Her client was wrongly accused of being one of a gang of three males who committed a violent robbery on a young man in his own home during which he was pushed to the floor and his head was stamped on. The case was thoroughly mismanaged throughout and involved a catalogue of failings including releasing without charge other suspects against whom there appeared to be more evidence, the CPS completely failing to act upon court orders made by the Recorder of Croydon, the most senior Judge at Croydon Crown Court, and on one occasion there was not even a Prosecution advocate at court to present the case. The CPS eventually abandoned the prosecution and offered no evidence against our client some 18 months after he was arrested and more than 12 months after he was charged. In that case, Laura Saunsbury was most ably assisted by the tenacious Tim Forte of Counsel from 3 Temple Gardens.