Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument | Smith Bowyer Clarke

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Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument

Laura Newton acted for a driver before Harrogate Magistrates’ Court. The business owner was facing a totting up disqualification for excessive penalty points. Evidence was presented to the Court regarding the wider impact of the disqualification on the driver’s ability to run her business and care for her daughter as the sole parent. She also had caring responsibilities for her elderly parents.

Although Courts impose a high threshold for Exceptional Hardship, we were able to persuade the Court that in these circumstances, a disqualification would be unduly harsh on dependants and that it could adversely affect our client’s own health and wellbeing. The Court found exceptional hardship and our client avoided a totting up disqualification.

Case Details

Case Name: Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument
Case Date: January 2023
Case Type (info): Magistrates' Court

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