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 […]

Unsecure load involving danger of injury- driver receives only 3 penalty points - July 2024

Millicent  Dooher represented this driver following a guilty plea to a charge of having an unsecured load involving danger of injury in an HGV. For this offence, the Courts have a discretionary power to disqualify a driver from driving. Millicent was able to convince the Court to deal with the […]

Formal Warning for PSV Operator at Traffic Commissioner’s Public Inquiry - July 2024

This PSV operator, represented by Millicent Dooher, barrister, was called for a Public Inquiry following concerns relating to the entity and regulatory compliance, both maintenance and driver’s hours. By the time the Public Inquiry was called, the Operator had implemented significant and effective changes to their compliance systems, but accepted […]

Clandestine entrant civil penalty of £96,000.00 reduced to just £15,954.00 - July 2024

Millicent Dooher submitted representations for both Company and Driver who had received civil penalties following the discovery of 6 clandestine entrants in one of the Company vehicles. The Company received a penalty of £60,000.00 and the Driver a penalty of £36,000.00. Following the representations, the Company penalty was reduced by […]

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 […]

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