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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Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Suspicions of Fabricated Documents - September 2024

A well established haulier in the construction industry had relied on the absence of accidents and prohibitions as proof that he had effective systems. We became involved and quickly recognised that there were no modern systems in place and helped the Operator to understand the changes necessary to avoid the […]

Scaffolding Operator finally gets O licence at Traffic Commissioner’s Public Inquiry - September 2024

The Public Inquiry was called into the applicant’s second attempt to get an O licence following the termination of a previous licence. Murray Oliver appeared for the applicant. A question remained about the unauthorised use of goods vehicles between the time when the operator realised that the licence had terminated […]

Uk Operator has £36,000 penalty cancelled and the drivers penalty reduced to £222. following an appeal to the County Court - August 2024

£66,000 penalty reduced to £222 following a successful appeal with costs litigated by solicitor, Murray Oliver

Bridge Strike Driver has Licence Suspended for 28 Days at Driver Conduct Hearing - August 2024

The driver in this matter, represented by barrister Harry Bowyer, struck a railway bridge causing substantial damage and delays to the train timetable. The starting point for this type of incident is revocation of the vocational licence and disqualification for 6 months. In this case the Traffic Commissioner was persuaded […]

Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence - August 2024

The Director in this case, represented at Public Inquiry by Barrister Harry Bowyer, was also the Transport Manager of the Company. Their spouse had submitted and application for an operator’s licence which did not have an interim granted. As the couple had severe financial problems owing to an ongoing legal […]

Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns - August 2024

Murray Oliver helped another HGV operator to find his future at a Public Inquiry in Eastbourne. The Traffic Commissioner was concerned when she received an application from a new company to take over the operations from another company that had not been in business for very long. The director had […]

Driver Who Shed 8 Tonne Load Dealt with by Formal Warning at Driver Conduct Hearing - August 2024

This driver, represented by barrister Harry Bowyer at the driver conduct hearing, was asked to pick up a piece of plant which came off the trailer as the truck negotiated a roundabout. The load was of a type that neither he nor the operator had dealt with before and neither […]

Civil penalty for Driver reduced from £6000 to £317.00 - August 2024

Millicent Dooher submitted representations on behalf of this driver who had received a civil penalty following he discovery of a clandestine entrant in his vehicle. As it was his first offence, the penalty was set at £6,000.00. Upon representations, this penalty was reduced to just £317.00. If you have received […]

Serious Injury by Dangerous Driving Mitigated Down by 50% from Starting Point In the Crown Court - July 2024

The Defendant in this matter, represented in the Crown Court by Barrister Harry Bowyer pleaded guilty at the earliest opportunity to Causing Serious Injury by Dangerous Driving. The case was particularly serious. The injuries to his passenger were horrific and the case was aggravated by excessive speed, drug use and […]

Coach Operator Successfully Appoints a New Transport Manager and Brings a Financial Standing Period of Grace to a Successful End - July 2024

Following an earlier Public Inquiry where the O Licence had been reduced and both Transport manager and directors with severely tarnished repute the Transport manager resigned. Murray Oliver, solicitor, successfully applied for a Period of Grace and ensured that the new transport Manager was appointed securing the future of the […]

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