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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Clandestine Entrant Civil Penalty 50% Reduction and Contribution to Costs -

This European haulier, represented by Millicent Dooher, faced significant civil penalties. In pre court discussions, Millicent was able to obtain a 50% reduction to the penalties and obtain a contribution to the pre-court costs.

Transport Manager Escapes with Repute Intact Despite Serious Failings in Maintenance and “S” Marked Prohibition at Traffic Commissioner’s Public Inquiry - October 2024

Laura Newton represented a Transport Manager at Public Inquiry relating to an international haulier. The company operated vehicles in the UK across multiple traffic areas with two Transport Managers nominated on the licences. The Inquiry was called because of serious failings in maintenance, as evidence from S Marked Prohibitions and […]

Representations on behalf of Driver Lead to No Action Being Taken on Vocational Licence - October 2024

This driver was not confident in his English and asked SBC to help him respond to a letter from the Office of the Traffic Commissioner. He turned out to have good mitigating circumstances and the Traffic Commissioner having considered all of the circumstances took no further action on the driver’s […]

Operator avoids Disqualification and Allowed to Retire Without Attending Public Inquiry - October 2024

Public Inquiries are probably the most stressful thing that any commercial vehicle operator will face. Although this was a case where it may have been possible to secure a favourable decision it was clear after we looked at the whole picture that our client ought to consider retiring from the […]

Coach Operator convinces the Traffic Commissioner they can be trusted to be compliant in the future - October 2024

A roadside encounter with the Police sparked the Traffic Commissioner’s interest in this operators business. The Police reported evidence of multiple Drivers Hours infringments and one driver was also called to Public Inquiry to deal with his choice to drive without a Tachograph card. The new managers and proposed Transport […]

Seized Truck Returned Without Charge after Successful Restoration Application - October 2024

The Truck in this case was seized when drugs were found concelled within a groupage load from Italy. Initially Border force refused to return the vehicle in accordance with their policy not to return vehicles to operators where drugs are found in a load. However Murray Oliver made a formal […]

UK operator and Driver facing £82,000 bill for 7 Clandestine Entrants gets a Substantial Reduction - October 2024

Reduction from £82,000 to £11501.00 following a notice of objection by Senior Solicitor, Murray Oliver

Operator with “S” Marked Prohibition Spared Traffic Commissioner’s Public Inquiry at Preliminary Hearing - October 2024

This operator, represented at the preliminary hearing by barrister, Harry Bowyer, had his driver stop owing to a rattling noise. The cause was 6 loose wheel nuts which had nearly led to a wheel loss. Unfortunately the DVSA passed by (or didn’t) and slapped an “S” marked prohibition on the […]

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