Please find some of our recent cases below.
Filter by Category
- Bus and Coach
- Bus, Coach and PSV
- Challenging Penalties
- Civil Penalties for Clandestine Entrants
- County Court
- Criminal Defence
- Driver Conduct Hearings
- Driving Instructor
- Impounded Vehicles Returned
- MOT/DVSA
- PSV
- Public Inquiries
- Taxi/Private Hire Appeal
- Upper Tribunal
Red Light Fails to Stop Coach Driver’s Career. - January 2020
Martin Smith, specialist road transport lawyer, attended a driver conduct hearing before a Traffic Commissioner in order to represent a bus driver who had driven a coach through a red traffic light and had crashed into a central reservation. A number of passengers had been on board and the driver […]
TRANSPORT ARENDONK V CHIEF CONSTABLE OF ESSEX - January 2020
On 23 January Mrs Justice Elizabeth Laing handed down an important police liability judgement in the High Court in London. The Claimant, a Belgian haulage company, was represented by RICHARD BARRACLOUGH QC of 6 Pump Court leading road transport/haulage specialist barrister SIMON CLARKE and instructed by Smith Bowyer Clarke Road […]
Operator Keeps Licence Despite Alleged International Licence Lending - January 2020
This operator, represented by Barrister Helen Newbold, was called in front of the Traffic Commissioner after his vehicles were observed on the internet advertising another company’s international car transporting business. The Traffic Commissioner was concerned that the operator’s licence was being lent. Helen took the operator through the details of […]
Driver Acquitted by Jury of Two Counts of Causing Death By Dangerous Driving - January 2020
In this tragic case Harry Bowyer was instructed on behalf of a motorist who made a right turn into the path of a motorcycle that he had not seen. The motorcyclist and his pillion both died of their injuries. Pleas were offered at an early stage to causing death by […]
Operator with Restricted Licence Survives Traffic Commissioner’s Public Inquiry - December 2019
The Operator in this matter, represented at Public Inquiry by Harry Bowyer, approached SBC after an unsatisfactory Vehicle Examiner’s visit. The report that followed identified issues with record keeping, use of an unauthorised operating centre, unsatisfactory driver defect reporting, irregular maintenance inspections and failure to report significant changes to the […]
Haulage Company, Dating back to the mid 19th Century, Keeps Licence at Traffic Commissioner’s Public Inquiry - November 2019
This family business that started in the age of the horse and cart, represented at Public Inquiry by Harry Bowyer, allowed their compliance to slip and failed to tell the Office of the Traffic Commissioner of material changes to their licence. They contacted SBC who put them in touch with […]
£30,000 of Clandestine Entrants Civil Penalties Cancelled - November 2019
Lisa Lyden-Cowen submitted written submissions against the issue of civil penalties for immigrants for this Romanian client, which caused the penalties to be cancelled completely. Yet another example of how well constructed and presented arguments can succeed in having these, sometimes huge, penalties cancelled.
£20,000 of Low Emission Zone Penalties Cancelled on Appeal - November 2019
Our European client, represented by Simon Clarke, had been hit with Low Emission Zone penalties over a 6-month period last year. Simon represented the client before the London Tribunal and obtained the cancellation of every single penalty. Transport For London did not oppose the appeal.
Three Month Old Licence Called in to Public Inquiry Owing to Card Pulling Drivers - November 2019
This holder of a restricted licence, represented at Public Inquiry by Harry Bowyer, was called in three months into his operating history. He had outsourced his tachograph analysis to a company that failed to provide him with any infringement reports. This was unfortunate as his drivers began to pull their […]
Transport Manager Woes Lead to Traffic Commissioner’s Public Inquiry - November 2019
The Operator in this matter was worried about his Transport Manager’s ability. He, very sensibly, commissioned an audit which showed that the Transport Manager, who was operating under Grandfather rights, was far from competent. The replacement turned out to be not much better and was sacked. During this unhappy period […]
