Court of Appeal Grants Permission to Appeal – Civil Penalties Guidance

In the Court of Appeal decision in Link Spolka Z O.O. & Ors. v SSHD  [2021] EWCA Civ. 1830 Simon Clarke leading Millicent Dooher succeeded in six appeals against County Court decisions to refuse appeals against Border Force civil penalties for clandestine entrants. In that case the Court of Appeal provided guidance on how the original civil penalty scheme should be operated.

Simon and Millie are now instructed to represent clients in the first appeal to the Court of Appeal under the new civil penalty scheme. Again, the Court of Appeal has granted Permission for this new groundbreaking challenge to be brought, and as in the then leading case of Link Spolka, the Court will to set out how the new civil penalty scheme should be approached by Border Force and the County Court hearing appeals.