Successful appeal against the imposition of a Civil Penalty of £40,000 issued to a small business

Allan Briddock succeeds in an appeal at Luton County Court.

Allan Briddock succeeds in an appeal at Luton County Court against the imposition of a Civil Penalty of £40,000 issued to a small business.

Although the individual encountered at the business in June 2024 had no right to work at that time, the Appellant maintained that he was not employed, despite the fact that the individual himself had said he was working there and gave details of his salary and working hours.

The Home Office aggressively defended the appeal and threatened the small business with huge increased costs for not agreeing to settle the day before the appeal. However, in his judgment, HHJ Davies found that one of the Immigration Officers was an unreliable witness and preferred the evidence of the Appellant.

The Home Office was ordered to pay the Appellant’s full costs, despite the Home Office arguing that the costs award should be reduced as the Appellant had ‘relentlessly tried to undermine the Respondent’s case’ in the days before the appeal.

The small business took a huge financial risk taking this to appeal, but refused to give up, even when the Home Office made offers to settle.

Allan Briddock was instructed on a direct access basis and is authorised by the Bar Council to conduct litigation.

Related Barristers: Allan Briddock