News

Hauliers could challenge the government's policy of increasing fuel duty by applying for a judicial review into 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 do not have a clear course of action to challenge HM Revenue and Customs (HMRC).

But instead they could demand that HMRC's decisions are reviewed - and if this  fails, they could resort to a judicial review in order to take the government department to task over soaring fuel costs. Hastings says it is an expensive and time-consuming option, but one that could force the government into re-examining its decisions.

Hastings says: "The UK government is entitled to exercise its discretion in setting tax rates above certain minimum rates. Arguably, however, this discretion is being misused as 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:

"At the end of the day things cost money to take forward. Maybe it will be the case that the RHA or one of the transport bodies takes this up that's what they are paid to do. I want to get it out into the  community for debate. What Peter has done is very interesting and maybe someone will pick it up. It only needs two boys, or the RHA, to chip money in and it will roll."