Monday 02 April 2012
The Policy Council has decided not to appeal the decision of the High Court on the Low Value Consignment Relief in the Court of Appeal of England and Wales.
It considered the impact, costs and risks of seeking appeal from the legal, economic and financial perspectives. The Council came to unanimous agreement and concluded that the prospect of appeal would not assist the fulfilment and bulk mail industry in any way even if successful and if unsuccessful it would be detrimental from all perspectives.
Deputy McNulty Bauer, Commerce and Employment Minister said:
"The Policy Council will not be seeking an appeal to the decision made at judicial review. This difficult decision was made after an in depth evaluation of the judgement and on the basis of legal advice and evidence as presented. The Policy Council felt that seeking an appeal was not in the Islands or businesses long term interests."
The Policy Council has worked closely with its counterpart in Jersey, the Council of Ministers, which has similarly concluded that an appeal should not be lodged with the Court of Appeal.
Any appeal to the Court of Appeal of England and Wales will involve certain questions in relation to the interpretation of EU law. The Court of Appeal would refer these questions to the Court of Justice of the European Union (CJEU). This process could take anywhere up to two years.
Jo Reeve, Principal External Affairs Officer
Tel: 01481 717 020