Archive: Civil Penalties for Clandestine Entrants
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 […]
Civil Penalty Appeal: Penalty Reduced by 50% Before the Appeal Hearing Took Place!
Millicent Dooher was instructed to represent this European haulier in an appeal against civil penalties imposed following the discovery of clandestine entrants. The Company had a penalty of £24,000 imposed. Following the submission of the evidence, the Respondent provided an offer to the Company, reducing the penalty by 50% and […]
Clandestine Entrant Penalty Reduced by £17,000.00 Following Notice of Objection.
Millicent Dooher completed a Notice of Objection on behalf of this European haulier following the discovery of 2 clandestine entrants. Penalties totalling £22,000.00 were imposed. Following the submissions, this was reduced for both Driver and Company by almost £17,000.00, even where it is accepted that the Driver did not have […]
S.31A penalty: Failure to Secure Vehicle. Penalty Reduction to £350.00 for Each Responsible Person.
This European Haulier had received civil penalties under s.31A of the Immigration and Asylum Act: failing to properly secure the vehicle where no clandestine entrants were found. A notice of objection was submitted on behalf of both Company and Driver. Following this, the penalties were reduced to approximately £350.00 for […]
£48,000.00 of Civil Penalties for Clandestine Entrants Cancelled in their Entirety
This Company was faced with a liability of £48,000.00 following the discovery of 4 clandestine entrants in one of their vehicles. The Company penalty was £24,000.00 and the Driver penalty was £24,000.00. The Company is always jointly and severally liable for the driver’s penalty. Millicent Dooher made representations by way […]
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 […]
Clandestine Entrant Penalty for Driver Reduced by 91.3%.
This driver received a penalty from Border Force following the discovery of 5 clandestine entrants in his vehicle. The Driver did not object to the imposition of the penalty but could not afford to pay the penalty at the level it was set. Following written representations on the level of […]
Border Force Cancel Penalty for Clandestine Entrants on Appeal to County Court
A European haulier facing liability for a civil penalty which had been reduced following a successful appeal to Border Force appealed to the County Court on the basis they had an effective system in place and the level of the penalty was still too high. SBC lodged an appeal with […]
Haulier Penalty Reduced by 45% and Driver Penalty Reduced by 95% after Written Representations by SBC
A European haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicle has a successful outcome following an to appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by […]
Border Force Cancel Operator’s Penalty and Reduce Driver’s Penalty by 95% for Clandestine Entrants
A European haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicles has a successful outcome following an to appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by […]
