A RADCLIFFE firm which lost thousands of cases of alcohol after they were seized by customs officials, has failed in a unique human rights court action.

Hamer and Perks Ltd has been involved in a dispute with Customs and Excise since May 1999 when officers raided their warehouse on the Bealey Industrial estate and impounded more than 2,400 cases of beer and 400 cases of wine worth more than £57,000.

And although the company produced purchase and sales invoices for the drink, customs officers said they believed there were "discrepancies" and asserted that some of the stock had come from "suspect" suppliers so refused to hand it back.

At London's Appeal Court the company's legal team argued that the VAT and Duties Tribunal had violated the basic right of a "fair and public hearing" enshrined in Article six of the Human Rights Convention.

But Lord Justice Pill, sitting with Lord Justice Chadwick and Lord Justice Longmore ruled that the special protections granted by Article six to defendants in criminal cases did not apply to Hamer & Perks, who no one had suggested had imported any of the goods themselves.

"However blameless the owners, and however severe the sanctions, the function of the tribunal is not to determine criminal charges," said Lord Justice Pill.

But Hamer and Perks may still try to get their goods back by arguing before the Tribunal that the seizure of its goods was unreasonable and that it breached its Convention right to "peaceful enjoyment of its possessions."