Court of Appeal and Illegal Immigrants Success

Simon Clarke acted for a major Dutch haulier in this appeal against the imposition of Civil Penalties following the discovery of illegals in his truck. The first appeal against the penalties is to the County Court – here the judge refused the appeal, saying that he had no discretion but to enforce the penalties. The Dutch haulier then appealed to the Court of Appeal, arguing that the legislation did grant the judge a discretion whether to enforce the penalties, dependant on the circumstances. The Court of Appeal agreed. This is a landmark decision which clarifies the law on this topic and makes things a little easier for innocent hauliers and their drivers.