Friends of Antique Cultural Treasures v DEFRA

The High Court has dismissed a challenge to the ban on dealing in ivory imposed by the Ivory Act 2018. 

The Claimant, a company which represented the interests of antique ivory dealers and collectors, contended that the Ivory Act 2018 (primary legislation which is not yet in force) was contrary to EU law (i) because the UK Parliament did not have competence to legislate in light of the existing EU regulations in this area; alternatively (ii) because the ban was a disproportionate interference with the free movement of goods and antique dealers’ rights. Mr Justice Jay, in a judgment handed down on 5 November 2019, has dismissed the challenge on both grounds. 

The full judgment can be read here. 

Tom de la Mare QC and Eesvan Krishnan acted for the Claimant. 
Sir James Eadie QC, Hanif Mussa and Daniel Cashman acted for the Defendant.