Court of Appeal Decision on Haulier Civil Penalty Scheme
Toby Riley-Smith QC and Abigail Cohen acted on behalf of the Secretary of State for the Home Department in Bolle Transport BV v SSHD  EWCA Civ 783, handed down by the Court of Appeal this week. The SSHD successfully resisted an appeal in this important decision concerning the imposition of civil penalties on hauliers found to be carrying Clandestine Entrants in their vehicles. A further appeal concerning the civil penalty scheme, in which Judgment was handed down in April this year (ICS CAR v SSHD  EWCA Civ 394, was also successfully resisted by SSHD represented by the same counsel team. These are the first appellate decisions on the civil penalty scheme since the 2002 decision in International Transport Roth GmbH and another v Secretary of State for the Home Department  EWCA Civ 158.