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• The whole principle of the Immigration Asylum Act is to be challenged. The challenge has been spurred on by a German lawyer, who has won the right for the High Court to consider the case of a number of foreign hauliers on the basis that the fines imposed/penalties under this legislation were against European Law and breach of human rights.
In the UK, hauliers have been allowing the penalties to remain unpaid awaiting summonses to be issued in the County Court for recovery by the Home Office. The aim of this is to give themselves an opportunity to have a legal forum to defend the case if they can.
The English cases are apparently raising very similar issues to those in Germany, and the position seems to be that the cases are likely to be consolidated.
Not only should the English cases be consolidated, they should also be linked to the High Court hearing, so that all matters can be determined together. The Trade Associations, the International Road Transport Union, the Freight Transport Association and the Road Haulage Association are keen to become involved as interested parties in the High Court case dealing with the human rights issue.