Monckton Chambers has unrivalled specialist expertise in the areas of trade and customs. 

It draws upon its market leading expertise in EU law, EU relations law, post-Brexit UK law and WTO law to provide advocacy, advisory and litigation services to clients. 

Members have considerable experience of trade and customs litigation both in the UK courts, from the Tax Tribunal to the Supreme Court, and in international courts.   Members have appeared before the CJEU, the General Court and the EFTA Court.

Members of Chambers act both for operators and for the UK authorities, including HMRC,  the Department for Business and Trade and the Trade Remedies Authority.

Members are experienced in all matters arising under the post-Brexit UK regime for trade and customs, including advising on the application of:

• The EU/UK Trade and Cooperation Agreement (TCA) and the EU (Future Relationship) Act 2020
• The Trade Act 2021
• The Taxation (Cross-border Trade) Act 2018
• The Customs (Import Duty) (EU Exit) Regulations 2018
• The Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018
• The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019
• The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
• The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020
• The Windsor Framework (Ireland/Northern Ireland Protocol)
• Value Added Tax Act 1994
  

Specific areas of trade and customs expertise

•   Transitional reviews
•   Anti-dumping duty investigations
•   Countervailing duty investigations
•   Safeguard investigation
•   Customs classification: UK Tariff, EU Combined Nomenclature, WCO and the Harmonised System
•   Customs valuation
•   Rules of origin
•   Anti-circumvention
•   Tariff quota allocation
•   Subsidy regulation
•   Sanitary and Phytosanitary measures
•   Technical Barriers to Trade (TBT) disputes
•   Trade in services issues
•   VAT on imports and exports
•   Application of the Windsor Framework (Ireland/Northern Ireland Protocol)

Recent trade and customs cases

Members of Monckton Chambers are leading litigators and advocates in disputes relating to trade and customs. Recent cases include:

• FMX in the Supreme Court (customs duties, limitation periods for assessment)
• Renesola in the Upper Tribunal and CJEU (anti-dumping duties/rules of origin)
• Pfizer in the CJEU (customs classification)
• Ocean Choice in the First-tier Tribunal (inward processing, guarantees for special procedures)
• Ongoing litigation before the First-tier Tribunal on anti-dumping duties and steel
• Advising on disputes with HMRC in relation to customs valuation and customs classification
• Advising on remission and extinction of import duties under the Customs (Import Duty) (EU Exit) Regulations 2018
• Advising on compatibility of legislation or tax measures with the TCA, other free trade agreements, and WTO agreements

Access to overseas trade and customs courts

A number of members of Chambers are also members of the Bar of Ireland, with extensive experience of, and full rights of audience in, the General Court of the EU and the Court of Justice of the EU.

Contact the Clerks