THE High Court looks set to decide the fate of an offshore off-licence after customs officers detained thousands of pounds worth of stock.

Lawyers acting for marine engineer Phil Berriman are preparing to apply for an interim court injunction forcing Customs to hand back about £150,000 worth of "duty free" alcohol and cigarettes.

The items were taken from the yacht Rich Harvest when it put into Hartlepool for minor repairs at the weekend.

When the case is prepared, an application for an injunction will be made to the High Court.

If it fails, then the 46-year-old said he and his lawyers will take the case to the European Court of Human Rights.

Mr Berriman, from Norton, near Stockton, has not had his yacht impounded and has been told he is free to sail.

But he said he was so confident of victory, he was staying in port for the time being.

"At the moment, we are being paid for sitting here, because the longer it takes to get this sorted, the amount of damages we will claim is increasing.

"We made £10,000 in the first few days and I have ten crew members and two boats doing nothing. It will cost them a fortune," he said.

Mr Berriman said all he was doing was exploiting a loophole in the law, which covers the purchase of duty frees overseas but makes no provision about buying them in international waters.

Customs have said the stock was taken off the boat "in a belief that they are neither declared nor duty-paid.

"Customs will be making additional inquiries before any further action is taken," said a spokesman.