In allowing this appeal the Court of Appeal, overturning 40 years of Government practice, decided that the Sea Fish Industry Authority, a quango funded by means of a levy, had not been authorised by Parliament to impose that levy on importers of sea fish products, because such products were not "landed" in the UK. The Fisheries Act 1981 (under which the levy-raising regulations had been made) only authorised the Sea Fish Industry Authority to impose the levy on sea fish and sea fish products "landed" in the UK. The Court held that the word "landed" in the Act had its usual meaning in a fishing context and referred to a catch of fish being brought to land out of the sea; in particular it did not extend to the importation of sea fish products manufactured abroad. The Court further held that if the word "landed" were given the wider meaning contended for by the Respondents (the Sea Fish Industry Authority & DEFRA) then the imposition of the levy on imports would amount to a charge having an effect equivalent to a customs duty and so be in breach of EU law: this was a further reason for adopting the usual, narrow meaning of "landed" contended for by the Appellants.
Charles Graham Q.C. appeared for the Appellant.