Success Post KLG for Matthew Howarth, Instructed by Laura Hadzik and Rachel Airriess of JMW Solicitors – Clandestine Entrants – Civil Penalties

Matthew Howarth, Instructed by Laura Hadzik and Rachel Airriess of JMW Solicitors, secured a significant win for a haulage company (Appellant) in a Section 35A IAA 1999 appeal at Manchester County Court.

The case, heard before HHJ Sephton KC, challenged the Secretary of State for Home Department’s (SSHD) decision to impose penalties under Section 32 IAA 1999 for allegedly transporting seven clandestine entrants into the UK.

The Appellant’s defence centred on the lack of evidence proving the individuals were ‘clandestine’ as defined by Section 32. Matthew argued that there was no proof the individuals were found within the vehicle during immigration control, had passed through immigration control or had originated from outside the UK.

A crucial factor in this case was the timing of the vehicle’s interception, which occurred nearly three hours after passing Border Force inspections at Dover. The Court ruled that the SSHD failed to provide sufficient evidence that the individuals were clandestine under Section 32, resulting in the dismissal of all penalties for both the driver and the company.

KLG determined that penalties are expected in almost all cases where Clandestine Entrants were found. This case serves as a reminder that the SSHD must still prove the grounds for imposing penalties under Section 32.

Matthew Howarth has extensive experience representing haulage companies in various legal matters, from environmental offenses to traffic commissioner appeals. He acted as sole counsel, at first instance, in the LINK SPOLKA Z O.O. case in December 2020 and in the recent Court of Appeal case KLG Trucking SRL v SSHD [2024] EWCA Civ 737 (June 2024), which is the leading precedent in this area of law.