Civil Penalty Success

Our Lithuanian Operator’s vehicle arrived at Dunkirk to find 12 clandestine entrants hidden in the legitimate load. Border Force took a view that our client did not have an effective system of prevention and opposed civil penalties of £19,200 upon our client. The appeal court disagreed, and Simon Clarke of Smith Bowyer Clarke was able to persuade the Court that the system of prevention was more than adequate, relying on the Cout of Appeal case which directs the way the Court of Appeal cases should be dealt with. It is to be noted that Simon Clarke represented the appellant in the leading case and all penalties were cancelled. The Court also ordered Border Force to pay the clients legal costs.