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Hauliers could force judicial review of Government policy
Page 8
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By Chris Tindall HAULIERS COULD challenge the Government's policy of increasing fuel duty by applying for a judicial review of the legality of its decisions, according to a lawyer.
An investigation by Norfolk commercial litigator Peter Hastings into whether the rates of duty and VAT levied on diesel are anti-competitive has found that hauliers don't have a clear course of action to challenge HM Revenue and Customs (HMRC).
Instead, they could demand that HMRCs decisions are reviewed. If this fails, they could resort to a judicial review in order to take the Government department to task over soaring fuel costs.
Hastings explains that it is an expensive, time-consuming option, but one that could end up forcing the Government into looking at its decisions.
Hastingssays: "The Government is entitled to exercise its discretion in setting tax rates above certain minimum rates.
-Arguably, this discretion is being misused since current policy leaves little or no room for change. or for a fall in rates of tax. This is a further example of 'illegality' on which we could potentially rely." Norfolk paving haulier Gary Cooper, who asked Hastings to investigate, says he hopes the findings will inspire hauliers or a trade association to invest money into the plan: "Things cost money to take forward. Maybe it will be the case that the Road Haulage Association (RHA) or one of the transport bodies takes this up; that's what they are paid to do.
"What Peter has done is very interesting. Maybe someone will pick it up. It only needs a couple of people, or the RHA, to chip money in and it will roll."