Brenda’s new article on CPN appeals was published on Free Movement. The article considers two County Court decisions which demonstrate novel approaches regarding the issues of judicial discretion and the burden of proof in appeals against civil penalties.

It sets out the decision in Hair EQ Limited v Secretary of State for the Home Department which suggests that judges may consider factors outside of the Code of Practice to cancel or substantially reduce the penalty amount in CPN appeals.

The article also considers a case which held that the SSHD bears the initial burden of proof, to show that an individual was employed and not permitted to work in the UK.