Archive: Civil Penalties for Clandestine Entrants
Driver’s civil penalty reduced from £30,000.00 to £820.00
Millicent Dooher submitted representations on behalf of this driver following the imposition of a penalty in the sum of £30,000 after the discovery of 6 clandestine entrants in his vehicle. A Notice of Objection was submitted and the Driver’s penalty was reduced to just £820.00, saving him over £29,000. For […]
£120,000.00 penalty reduced to just £160.00- Clandestine entrant civil penalty
This driver, represented by Millicent Dooher, received a penalty of £120,000.00 following the discovery of 20 clandestine entrants in his vehicle. Following the submission of a Notice of Objection, the driver’s penalty was reduced to just £160.00 in total.
Civil Penalty Appeal: County Court Cancels Company Penalty
This Company received a civil penalty of £5,000.00 following the discovery of 1 clandestine entrant in their vehicle. The Company lodged an appeal to the County Court on the basis that: They had complied with the regulations; They accepted they were not part of the accreditation scheme They accepted they […]
Civil Penalties For Clandestine Entrants – More Penalties Cancelled on Appeal.
Our client, a major Belgian hauler, was hit with civil penalties following the discovery of a clandestine entrant in one of their trucks with a liability of up to £20,000 under the new rules. We appealed against those penalties, and, after a contested court hearing the penalty imposed on our […]
Court of Appeal Grants Permission to Appeal – Civil Penalties Guidance
In the Court of Appeal decision in Link Spolka Z O.O. & Ors. v SSHD [2021] EWCA Civ. 1830 Simon Clarke leading Millicent Dooher succeeded in six appeals against County Court decisions to refuse appeals against Border Force civil penalties for clandestine entrants. In that case the Court of Appeal […]
Civil Penalty Appeal: Penalty Reduced by 50% Before the Appeal Hearing Took Place!
Millicent Dooher was instructed to represent this European haulier in an appeal against civil penalties imposed following the discovery of clandestine entrants. The Company had a penalty of £24,000 imposed. Following the submission of the evidence, the Respondent provided an offer to the Company, reducing the penalty by 50% and […]
Clandestine Entrant Penalty Reduced by £17,000.00 Following Notice of Objection.
Millicent Dooher completed a Notice of Objection on behalf of this European haulier following the discovery of 2 clandestine entrants. Penalties totalling £22,000.00 were imposed. Following the submissions, this was reduced for both Driver and Company by almost £17,000.00, even where it is accepted that the Driver did not have […]
S.31A penalty: Failure to Secure Vehicle. Penalty Reduction to £350.00 for Each Responsible Person.
This European Haulier had received civil penalties under s.31A of the Immigration and Asylum Act: failing to properly secure the vehicle where no clandestine entrants were found. A notice of objection was submitted on behalf of both Company and Driver. Following this, the penalties were reduced to approximately £350.00 for […]
£48,000.00 of Civil Penalties for Clandestine Entrants Cancelled in their Entirety
This Company was faced with a liability of £48,000.00 following the discovery of 4 clandestine entrants in one of their vehicles. The Company penalty was £24,000.00 and the Driver penalty was £24,000.00. The Company is always jointly and severally liable for the driver’s penalty. Millicent Dooher made representations by way […]
Civil Penalty Success
Our Lithuanian Operator’s vehicle arrived at Dunkirk to find 12 clandestine entrants hidden in the legitimate load. Border Force took a view that our client did not have an effective system of prevention and opposed civil penalties of £19,200 upon our client. The appeal court disagreed, and Simon Clarke of […]
