Recent Cases | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Please find some of our recent cases below.

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Dangerous Driver Escapes Custody at Magistrates Court - July 2024

This driver, represented in the Magistrates Court by barrister Harry Bowyer, conducted an overtaking manoeuvre which involved overtaking a van on the brow of a hill, crossing an unbroken line and forcing an on coming car to leave the carriageway. The entire incident was caught on dashcam. The starting point […]

“Serious” Failings Met With Temporary Curtailment of Margin at Traffic Commissioner’s Public Inquiry - July 2024

Solicitor Laura Newton represented a well established large scale haulier, which had been called to Public Inquiry in relation to a serious RTA involving a company vehicle and an unsatisfactory DVSA investigation. At the point of Public Inquiry, due to the advice and preparation we were able to present a […]

PSV Operator Escapes with Formal Warning at Public Inquiry After Unsatisfactory DVSA Report - July 2024

This small scale operator, represented at Public Inquiry by barrister Harry Bowyer, was visited by the DVSA who found a number problems including difficulties with the BODS system. He engaged SBC and a competent transport consultant to help put the operation back on compliant form. He was congratulated on taking […]

New Licence Granted with Formal Warning at Public Inquiry After Change of Entity - July 2024

The operator in this matter, represented at Public Inquiry by Barrister Harry Bowyer, incorporated his business on his accountant’s advice as a limited company without thinking of the effect on his operator’s licence. The actual effect was that the business operated without a licence for four years until a visit […]

Public Inquiry Avoided by Prompt Response to DVSA Visit - June 2024

A DVSA visit should always be a call  to action for an operator. We received a call as soon as the Operator knew that DVSA were planning to visit. We were able to advise of the preparatory steps for such a visit, introduce the Operator to a Transport Consultant who […]

Operator Granted Licence Despite History of Failed Companies at Traffic Commissioner’s Public Inquiry - June 2024

The long tail of Covid for businesses is still causing concern for Traffic Commissioner who will call a an applicant for an Operator Licence to public Inquiry if an operator has a history of failed companies. When Directors appoint insolvency practitioners it is important to remember that the onus is […]

Notice of Objection Representations Reduces Company and Driver Fine For Clandestine Entrants From £12,000 To £1,585. - June 2024

Millicent Dooher lodged a notice of objection for both this Company and their Driver following the discovery of 1 clandestine entrant in a company vehicle. Border Force had imposed a penalty of £12,000 in total for this single entrant. Millicent was able to submit representations and the penalty was reduced […]

Operator Escapes with 28 Day Curtailment After Long History Of Non-Compliance at Traffic Commissioner’s Public Inquiry - June 2024

Barrister, Millicent Dooher, represented this Operator before the Traffic Commissioner following a propose to revoke letter. The Traffic Commissioner was concerned with the knowledge of the Operator and Transport Manager, the maintenance, with a number of PMIs exceeding their intervals, and drivers hours. The Operator had put in place a […]

Civil Penalties for both Company and Driver reduced from £16,000 to £2,638 - June 2024

Millicent Dooher, barrister, submitted a Notice of Objection on behalf of this Company and Driver. Border Force accepted the representations and reduced the Company’s penalty by 75% and the Driver’s penalty from £6,000 to £138.

Civil Penalties For Clandestine Entrants Reduced by Almost £68,000.00 - June 2024

This Company and Driver were facing penalties of £80,000.00 following the discovery of 5 clandestine entrants in the vehicle. Millicent Dooher made representations to Border Force through a Notice of Objection. These were accepted and the penalties were reduced from £80,000 down to just £12,585.

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