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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Approved Driving Instructor with Caution for Assault Remains on the Register - May 2025

Laura Newton represented an Approved Driving Instructor (ADI) who had reported a caution for assault to the Registrar and was facing removal from the Register of Approved Driving Instructors. We were able to prepare written representation to the Registrar, outlining the previous good conduct, present the facts and the mitigation […]

£27,000 Clandestine Entrant Penalty Reduced by 88% After Notice of Objection - May 2025

When 3 clandestine entrants were found inth back of our client’s trailer at Calais a £27,000 civil penalty was issued. The fine could have started at £60,000 but the operator secured some reductions because he was compliant with the regs. Murray Oliver drafted a Notice of objection which secures secured […]

Card Pulling HGV Driver Avoids Sentence in the Crown Court - April 2025

Our client, a HGV Driver, was prosecuted by DVSA following an investigation at his place of work into Tachograph and Drivers’ Hours compliance. He was charged with 5 offences of creating a false tachograph record and an offence of failure to make a record. The prosecutor indicated that their submission […]

Director with Serious Criminal Conviction Keeps Good Repute at Traffic Commissioner’s Public Inquiry - April 2025

Laura Newton represented a Company at Public Inquiry before the Traffic Commissioner. The sole director of the Company, who was also the nominated Transport Manager had been convicted of a serious offence, for which a suspended sentence of 8 months had been imposed. This called into question the repute and […]

Clandestine Entry penalty reduced by £78,000 following Appeal to County Court - April 2025

Murray Oliver was asked to deal with a case where following the discovery of 10 clandestine entrants in a trailer at Dunkirk UK Border Force imposed £120,000 civil penalty on the Operator and its driver. The operator’s first attempt at lodging a notice of objection failed to secure any reduction […]

Operator Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry After Card Pulling Driver Found by DVSA - April 2025

When this restricted operator, represented by senior solicitor Murray Oliver was informed that one of their drivers had been creating false tachograph records a Public Inquiry was guaranteed. We advised the operator through all the stages of the investigation and the Traffic Commissioner concluded that the efforts to improve all […]

Licence to be Granted But Newly Qualified Transport Manager Requires Additional Support Before a New O Licence is Granted - April 2025

This applicant, represented at Public Inquiry by senior solicitor Murray Oliver, was seeking to reboot its skip loader operation after their previous licence expired. Murray Oliver helped the operator to explain that this applicant’s good repute should not be affected because other members of the same family had poor compliance […]

Successful Restoration of Goods for Global Sports Brand following Discovery of Smuggled Tobacco - April 2025

This global sports brand had goods seized following the discovery of excise goods in the consignment. The sports brand had engaged with a haulier to conduct their haulage from Europe to the UK for distribution. Border Force, having found excise goods, namely tobacco, in the consignment, seized the goods. The […]

Civil penalties reduced by £21,500 following Notice of Objection - April 2025

Millicent Dooher, barrister, represented this European haulier following the imposition of clandestine entrant civil penalties. Millicent submitted a Notice of Objection for the haulier and the driver. The penalties were reduced from £32,000.00 to just £10,500.00.

£18,000 Reduction on Clandestine Entrant Civil Penalties Through a Notice of Objection - April 2025

This haulier, represented by Millicent Dooher, faced £24,000.00 of penalties following the discovery of clandestine entrants in a company vehicle whilst passing the UK immigration. Millicent submitted a Notice of Objection on a means basis. Both the Company and Driver penalty were reduced by 75%, saving the Company £18,000.00.

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