(Regulatory/Immigration) Clandestine Entrants – The Carriers’ Liability (Amendment) Regulations 2023

Mr Howarth recently succeeded before His Honour Judge Owen in the appeal made by KLG Trucking v Secretary of State for the Home Department (SSHD) at Nottingham County Court.

Mr Howarth was instructed to represent the Respondent SSHD.

The case related to whether or not the Appellant had been liable to a penalty, i.e. was their record keeping compliant with Regulation 8 2E of the Carriers’ Liability (Amendment) Regulations 2023, even when there was compliance with all the previous Regulations.

The case is an important reminder that record keeping and checklists must be adhered to properly and it is not a simple ‘box-ticking exercise’ as established by the Pre 2023 Regulations case of Link Spolka Zoo v SSHD [2021] EWCA Civ 1830.

Mr Howarth has extensive experience in Haulage and Transport (Regulatory) Litigation. He was the counsel instructed, successfully, at first instance in the leading precedent of Link Spolka Zoo, when the matter was before HHJ Coe KC in September 2020, and he has gone on to represent both Appellants and Respondents in subsequent matters.

Mr Howarth is appointed to the Attorney General’s panel and practices extensively across Immigration and Regulatory law. He is ranked as Tier 1 ‘Rising Star’ in both of these practice areas.