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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TFL Persuaded to Change Decision on Revocation without Court Hearing - March 2022

Laura Newton represented a Private Hire Driver on appeal against TfL, following a Licence revocation. We were able to submit evidence and representations on behalf of the Driver, causing TfL to change their decision and allowing the licence to run, without the need to attend Court.

Application For Operator’s Licence Granted in Belfast - February 2022

The applicant in this case, represented at Public Inquiry by barrister Harry Bowyer, had a chequered history with the TRU. When he applied for this licence the TRU had concerns about this history and that of other members of the applicant’s family. The licence was granted, as applied for, when […]

Consolidation of Licences Dealt with Successfully at Preliminary Hearing - February 2022

A large group of companies acquired a number of operator licence holding companies during their expansion. They decided to rationalise their licensing requirements into two separate licences covering two traffic areas which could deal with the transport requirements of the group. The application was called into a preliminary hearing on […]

Another Clandestine Entrant Civil Penalty Success – Appeal allowed with costs - January 2022

A European Haulier facing liability to a civil penalty imposed by Border Force of several thousand pounds, following the discovery of clandestine entrants (illegals) in their vehicle, has been successful in appealing the decision to the County Court. SBC were instructed to represent the haulier before the County Court where […]

Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State - January 2022

A truck belonging to our client, a major European haulier, was found to contain a large number of clandestine entrants (‘illegals’) in the sealed trailer. Later another of their trucks suffered a similar incursion. As always, Border Force imposed substantial Civil Penalties against our client and their drivers, claiming that […]

Application for Operator’s Licence Granted at Traffic Commissioner’s Public Inquiry Despite Issues with Good Repute - January 2022

Our Operator client was called to Public Inquiry before the Traffic Commissioner in relation to an application for an Operator’s Licence. There was a recent history for the Company of Operating an unfit vehicle without a Licence which had called into question the repute of the Operator. Laura Newton was […]

DVSA Appeal Board Finds that DVSA Investigation into MOT Tester not Conducted Fairly - January 2022

We were instructed to act on behalf of an MOT Tester on appeal from a DVSA decision imposing a 5 year Cessation from testing. Representing the Tester on appeal, Solicitor Laura Newton challenged the DVSA Examiners in relation to their conduct. The Appeal Board agreed that the investigation had not […]

Good Repute In Question – Licence Granted at Public Inquiry with Conditions - January 2022

Our Operator client was called to Public Inquiry before the Traffic Commissioner in relation to an application for an Operator’s Licence. There was a recent history for the Company of Operating an unfit vehicle without a Licence which had called into question the repute of the Operator. Laura Newton was […]

MOT Authorised Examiner Escapes with Warning - January 2022

Our MOT Authorised Examiner client instructed Laura Newton when presented with a contemplated decision from DVSA relating to improper recording of an MOT when a vehicle was not present. Under the MOT Guide, the starting point for this is the imposition of 500 points and a 5 year cessation. In […]

£12,000 of Civil Penalties cancelled - January 2022

This European Haulier instructed SBC following penalties being imposed after the discovery of a number of clandestine entrants within one of their vehicles. These penalties were appealed at the County Court by barrister Millicent Dooher, where the Judge cancelled the penalties in full and awarded full costs to the Appellants.

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