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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Truck Driver Acquitted by Jury of the Importation of £11.2 Million of Cocaine after Crown Court Trial - November 2023

This driver, represented in the Crown Court by barrister Simon Clarke, was acquitted after a 4 day trial in the Crown Court after being charged with the importation of 140 kilos of cocaine that was found in his truck. The Jury was back in 50 minutes with a not guilty […]

£48,000.00 of Civil Penalties for Clandestine Entrants Cancelled in their Entirety - November 2023

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 […]

Driver acquitted of money laundering charges in France - November 2023

This driver was charged with money laundering and failing to declare more than €10,000.00, following French authorities discovering 9,000 in the vehicle and a further €9,500 in a concealed compartment in the vehicle. SBC instructed French lawyers and at court, the driver was acquitted of all charges.

Operator Given Formal Warning at Public Inquiry Despite Winding up Petition and no Communication with OTC. - November 2023

  This Operator, represented by Millicent Dooher, was called to a Public Inquiry following a winding up petition being issued. There is a requirement for all operators to have financial standing. If an operator does fall into financial difficulties, and no longer meets the financial standing requirement, they must inform […]

Operator Keeps Licence at Second Public Inquiry in 12 Months - November 2023

This operator, represented by barrister Harry Bowyer, had a Public Inquiry in 2022. One of the undertakings was to commission an audit after 6 months. This audit showed continued major failings and the Operator was called in to Public inquiry again. The director did have convincing reasons for taking his […]

Serious Regulatory Failures met with by 14 Day Curtailment at Traffic Commissioner’s Public Inquiry - November 2023

Solicitor Laura Newton represented an Operator and Transport Manager before Traffic Commissioner for Public Inquiry, facing very serious compliance failings. This included a failure to analyse tachograph data, driver false records and drivers holding invalid licences. With early preparation, we were able to assist the Company to put actions in […]

Traffic Commissioner allows Licence to Continue, Despite Serious Maintenance Failures, at Public Inquiry - November 2023

This operator, represented at the Public Inquiry by barrister Harry Bowyer, was a family business with a director/transport manager in his 70s. The DVSA report showed serious maintenance failures. The Transport Manager was allowed to step down as TM with no adverse findings and continue in his role as director. […]

Traffic Commissioner Accepts that Allegations of False Records by Driver Not Made Out at Driver Conduct Hearing - November 2023

Our client, a driver, was represented by Laura Newton before the Traffic Commissioner at a Driver Conduct hearing. A DVSA Investigation alleged that the driver had created a false record on 5 occasions. During the Hearing, we were able to present a strong case to defend the driver. The Traffic […]

SBC Win Two Private Hire Appeals at The Old Bailey in One Day - November 2023

Transport Solicitor Laura Newton was instructed to act on behalf of two separate Private Hire Drivers. Each had been subject to a revocation of their PCO Licence by TfL, following allegations of misconduct from passengers via the Operator apps. Both Drivers had lost the appeals at the Magistrates’ Court and […]

MOT Authorised Examiner Escapes With Warning - November 2023

Laura Newton represented an MOT Authorised Examiner subject to a Contemplated Decision and proposed Cessation. The facts leading to the decision had been that a Tester logged an MOT Test from a device outside the VTS and at a time when the vehicle was not present on site. Whilst the […]

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