Background

JMW acted for a large international HGV vehicle operator who faced an £81,000 penalty from Border Force for allegedly transporting 9 clandestine entrants into the UK. There were significant sensitivities for the client given that part of their client base is the transportation of staging for some of the world’s biggest musicians.

The driver conducted documented vehicle checks throughout the journey to the UK and the company and driver had complied with all regulations.

JMW were instructed by the company to challenge the civil penalty by Border Force who alleged the 9 clandestine entrants were found concealed in one of the Operators trailers.

How JMW helped

JMW’s Commercial Road Transport team led by partner Laura Hadzik and Counsel Matthew Howarth supported by solicitor Hajra Afzaal and trainee solicitor Rachel Airriess argued that Border Force had failed to provide evidence that the individuals were clandestine, that they had arrived in the UK and/or passed through immigration control concealed in the vehicle and that they intended to seek or evade immigration control. The vehicle had passed immigration control, and no clandestine entrants were detected, however later in Sevington at the inland border facility in Ashford the alleged clandestine entrants were found.

Outcome

The Court agreed with the operator’s defence and ruled that the Secretary of State for the Home Department (‘’SSHD’’) had failed to provide evidence that the individuals were ‘’clandestine.’’ This resulted in the withdrawal of all penalties against the operator and the driver, and the operator was awarded their costs of the appeal.