The Court of Appeal has given its judgment on the issue of hauliers caught carrying illegal immigrants. The appeal followed Barson's driver being fined £34,000 for carrying 17 stowaways.
The decision was split two to one, finding in favour of law firm Davies Lavery against the Home Office. Davies Lavery acted on behalf of Barsan Global Logistik AS and its insurers Through Transport Mutual Services (UK) Limited.
The Court held that the clandestine entrant penalty was unfair and constituted a breach of Article 6 of The Human Rights Convention.
The Home Office was partially successful because the bench unanimously found that breaches of articles of the EC Treaty concerning provisions of services and free movement of goods were not engaged, overturning the previous decision.
It is believed an appeal to the House of Lords may well follow. However, if the Home Office does not appeal, all those served with a Penalty Notice since the scheme began in April 2000 may be entitled to compensation.
The Home Office will have to bear the costs of these claims and may have to rewrite legislation to tackle the problem of clandestine entry.
