Case studies

Coach driver

Stephensons represented a coach driver whose brakes failed while transporting 54 school children in the Isle of Wight. The coach crashed into a field and the children suffered minor injuries. The driver was prosecuted for defective brakes and the firm represented the coach operator and the mechanics who serviced the coach. The case involved complex legal arguments regarding the responsibilities imposed by statute on the Transport Manager vehicle operator and independent maintenance contractors and the apportionment of responsibility between the respective co-defendants. The decision is under appeal.

Van owner

We have represented the owner of a modified van which was being used as a karaoke entertainment vehicle. The owner was prosecuted by the local authority for using a vehicle without a private hire licence. The owner denied the licence offence, as he was covered by an exclusion loophole in the law because he had a contract with a local hotel. Previous complaints had been made about the client to Bolton Council’s licensing department and he was called to a meeting. Council officers said they would investigate the matter further and get back to him. The driver was given a conditional discharge after Stephensons argued the council did not follow up the initial complaints properly, which would have meant the client would have obtained the appropriate licence.

HGV driver

Stephensons represented a HGV driver who was prosecuted for failing to provide a sample of breath after allegedly being followed home in his car by a police helicopter and caught on police CCTV staggering from his vehicle into his house. Sean Joyce successfully argued the client’s case and avoided what would otherwise have been a mandatory driving disqualification thereby saving the client’s livelihood.