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.

Filter by Category


Driver Who Failed Intoximeter at Work Dealt with by way of Formal Warning at Driver Conduct Hearing - March 2024

This driver, represented at their driver conduct hearing by barrister Harry Bowyer, blew 25 microgrammes in breath at a randon breath test at work. The operator reported them to the Traffic Commissioner. As the drink had been taken the day before and the driver had miscalculated the time before the […]

A PSV Operator Who had Suffered a Wheel Loss Incident Keeps Licence at Public Inquiry - March 2024

This Operator, represented by Senior Solicitor, Murray Oliver, was called to Public Inquiry following a wheel loss incident. Losing a wheel is one of the 7 Most serious infringements which may result in the automatic revocation of an O licence. The operator’s immediate changes to its systems for recording wheel […]

Court of Appeal Grants Permission to Appeal – Civil Penalties Guidance - March 2024

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 […]

Smith Bowyer Clarke acting for Transport in Nood BV granted Permission for Judicial Review of LEZ/ULEZ Penalties issued to Dutch Hauliers. - February 2024

Simon Clarke, acting for our client Transport in Nood BV, has secured Permission from the High Court to bring a Judicial Review against Transport for London, with EPC PLC as an Interested Party. The case challenges the legality of the issuing of Penalty Charge Notices denominated in €euros rather than […]

Operator Survives Preliminary Hearing with Formal Warning - February 2024

This Operator, represented at preliminary hearing by barrister Harry Bowyer, was brought to the attention of the Office of the Traffic Commissioner by an “S” marked prohibition followed by two unsatisfactory visits by the DVSA. The operator contacted a reputable transport consultant and fixed his systems root and branch which […]

No Action Taken Against Operator Following Transport Manager Found Driving with Another’s Card. - January 2024

Barrister, Millicent Dooher, represented this Operator and Transport Manager when they were called into a Public Inquiry. The Transport Manager had been stopped whilst using another driver’s card. This is a most serious traffic offence. The Traffic Commissioner accepted that, on the balance of probabilities, this was an accidental use […]

O-Licence in the Incorrect Entity Given Time for a New Application to be Submitted Whilst Continuing to Operate. - January 2024

This Operator, represented by Millicent Dooher, was called in to a Public Inquiry following an unsatisfactory DVSA visit and assessment. It became clear that the licence should have been held as a sole trader rather than as a partnership. The Operator had taken significant steps to ensure more recent compliance […]

Operator Receives a 14-day Curtailment of 2 Vehicles (margin +1) Following a Sustained Period of Non-Compliance. - January 2024

Millicent Dooher represented this operator at a Public Inquiry following a previous preliminary hearing, two unsatisfactory independent audits and an unsatisfactory DVSA assessment. Although a significant effort had been made to ensure compliance within the 7 days prior to the Public Inquiry, the issues identified in 2022 were still evident […]

S.31A penalty: Failure to Secure Vehicle. Penalty Reduction to £350.00 for Each Responsible Person. - January 2024

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 […]

Clandestine Entrant Penalty Reduced by £17,000.00 Following Notice of Objection. - January 2024

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 […]

Ask a Question

Let us know how we can help. Just provide a brief outline of your query.







    Free Consultation Motoring Law