A FLUSHING shellfish exporter has confirmed it is one of 20 firms taking legal action against the government over claims that it mislead the industry over its post-Brexit arrangement with the EU.

A solicitor representing 20 shellfish firms told the Guardian newspaper that the government had shown “negligence and maladministration” and that a group action was being considered for compensation.

Andrew Oliver, a partner at Andrew Jackson LLP, told the Guardian he was representing 20 shellfish firms considering possible legal action against the Department for the Environment, Food and Rural Affairs: “We are taking a leading counsel’s opinion as to the government’s actions in regard to the EU trade agreement and the assurances given by the government to make live shellfish exports.

“We feel that there has been negligence and maladministration regarding the government’s negotiations on the agreement and its treatment of our clients.”

Among those firms is local exporter Martin Laity from Sailor's Creek Shellfish who is based at Tregew Barn in Flushing. He confirmed that he was part of the action but wasn't at liberty to say anything at the moment.

Live mussels, cockles, oysters and other shellfish caught in most of the UK’s waters are no longer allowed to enter the EU following Britain leaving the customs union and single market on New Year’s Eve, unless they come from class A waters or have been 'depurated'. This is a method of cleaning the shellfish before transport to the EU, a process which was previously done once they had arrived at their destination.

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Environment secretary George Eustice, officials and other ministers claimed the EU originally planned to let this trade resume after Brexit and that it altered its position earlier this year. Brussels has consistently denied the government’s claims and said the rules for third countries such as the UK are clear and longstanding.

A Defra spokesperson told the Guardian that the department could not comment on any potential legal action. “The legislation was clear that the export of live bivalve molluscs from class B waters for purification could continue after the transition period. Our correspondence with the commission confirmed this,” he said. “The commission have now amended their import rules, without scientific or technical justification. Effectively, they have changed the law to justify their position in blocking the trade, causing impacts for businesses on both sides.”

Andrew Oliver and Defra have been contacted by the Packet for a comment.