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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Transport Manager Has No Action Taken Against Them at Traffic Commissioner’s Public Inquiry - November 2025

This transport manager, represented by barrister Harry Bowyer, was instructed by a scaffolding firm which had an unsatisfactory Desk Based Assessment. The Traffic Commissioner accepted that the shortcomings were down to inexperience and that they had taken major steps to educate themselves since and took no action against their good […]

Almost 85% reduction in Clandestine Entrant Civil Penalty - November 2025

This European Haulier, represented by Millicent Dooher, was appealing a penalty following the discovery of clandestine entrants. Millicent was able to secure a reduction in the penalty by almost 85% on a financial basis. For any clandestine entrant civil penalty, the Company is jointly and severally liable for the penalty […]

Clandestine Entrant Civil Penalty reduced by £53,000.00 - November 2025

Barrister, Millicent Dooher, represented this European Haulier at a civil penalty appeal hearing before the County Court. The haulier faced penalties of £64,000.00 following the discovery of clandestine entrants in a Company vehicle. Millicent was able to obtain a significant reduction of £53,000.00 in this appeal. The Appellant haulier was […]

Means assessment successfully applied following imposition of a s.31A (Unsecured Vehicle) Immigration and Asylum Penalty - October 2025

Millicent Dooher was able to obtain a means assessment for this Romanian haulage company and driver following the imposition of a penalty under s.31A of the Immigration and Asylum Act, for having an unsecured vehicle. An unsecured penalty for a Company increases with how many times a vehicle owned by […]

s.31A penalty (Unsecured Vehicle) cancelled for Dutch Company - October 2025

Millicent Dooher, barrister, was able to secure a cancellation of the penalty imposed against this Dutch haulage company following the imposition of a s.31A penalty. A s.31A penalty is imposed under the Immigration and Asylum Act 1999 for vehicles that are not secured. This is where there are no clandestine […]

50% Reduction to s.31A (Unsecured Vehicle) penalty - October 2025

Barrister, Millicent Dooher, represented this Romanian Haulage Company following a s.31A penalty imposed for having an unsecured unaccompanied load. Millicent was able to ensure that the penalty was reduced by 50% on a means basis.

Financial reduction on civil penalty – out of time - October 2025

Millicent Dooher was able to secure a financial reduction on a clandestine entrant civil penalty for this Lithuanian Haulage Company, despite the request being out of time. The penalties for both Company and Driver were reduced. For all civil penalties, Border Force set a time limit to respond or pay […]

No regulatory action taken against HGV Driver following bridge strike. - October 2025

Millicent Dooher, barrister, represented this driver following a call in to the Office of the Traffic Commissioner after the Driver had been involved in a bridge strike. Millicent was able to establish that the driver did not act in any way recklessly or with any disregard to either the route […]

Scaffolder Gets Increase in Vehicle Authorisation at Traffic Commissioner’s Public Inquiry - October 2025

This operator, represented by barrister Harry Bowyer had an unsatisfactory DVSA visit which resulted in their application for an increase in authorisation being called into Public Inquiry. The Traffic Commissioner decided that their compliance was on an upward trajectory and increased their authorisation by one vehicle with a further vehicle […]

HGV Driver Avoids Crown Court for Using Another Driver’s Card - October 2025

This driver approached SBC when he was called into an interview under caution for false record offences. SBC represented him there and in the Magistrates Court where the prosecution represented that the case should have been sent to the Crown Court. The case remained in the Magistrates and was dealt […]

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