Mark Davies was successful in securing the cancellation of a penalty imposed following the discovery of a clandestine entrant in a heavy goods vehicle

The Designated Civil Judge for Nottinghamshire and Derbyshire, HHJ Coe KC, has cancelled a penalty imposed on Mark’s client (a major European haulier) following the discovery of a clandestine entrant in their vehicle.

The Respondent Secretary of State for the Home Department had imposed the penalty under the newly introduced Carriers’ Liability (Amendment) Regulations 2023.

This ruling potentially holds substantial significance beyond the immediate case, as it may be persuasive in similar first instance appeals against clandestine entrant penalties (which can be up to £20,000 per entrant) heard by other County Court judges.

The ruling sheds light on the amended Carriers’ Liability regime and the enforcement of regulations pertaining to clandestine entrants. It underscores the necessity for a nuanced approach in adjudicating such matters, something which the Code of Practice produced by the Respondent does not appear to permit.

For further information about the case, please do not hesitate to contact Mark in Chambers.

Mark was instructed in the appeal by Simon Clarke of Smith Bowyer Clarke, Road Transport Lawyers.