Successful reduction of clandestine entrant civil penalty following an appeal, including costs!  

Millicent Dooher, barrister, represented this European haulier in their Civil Penalty Appeal following the discovery of one clandestine entrant. The appeal was lodged on the basis that the Company had complied with the Regulations, and were entitled to a 50% reduction on the penalty and the Company fell into the means assessment bracket of a medium company and were entitled to a further 25% reduction.

The matter proceeded to the appeal. On the morning of the appeal, the Respondent (Border Force) agreed that the Company was to be entitled to a 50% plus 25% reduction. The Judge ruled on costs and allowed 75% of the costs of the appeal, meaning Border Force were required to pay the Appellant Company 75% of the costs they incurred in bringing the appeal.