Simon Clarke

Simon is a barrister of over 25 years’ experience, practising at the Bars of England and Wales and of Northern Ireland.

Criminal Defence

Simon has maintained a high-level criminal defence practice for over 25-years, representing those charged with a full spectrum of criminal offences. He has represented many defendants in cases involving allegations of murder and manslaughter both at trial and in the Court of Appeal, giving him a vast experience in defending those charged with such offences. He has a similarly wide experience in defending allegations of serious violence, drugs dealing and smuggling allegations, contraband and people smuggling, and vehicle-related deaths.

Simon is known for his detailed and incisive preparation, his determined cross-examination style, his jury-handling skills, and his clear, concise, and practical advice to clients. His advocacy is of a very personal nature, engaging with juries on their level and equating his and his client’s personal experiences with those of the typical juror.

He has had a number of recent successes – in November he secured the acquittal of an 18-year-old defendant from North-west London charged with county lines drugs offences, relying on a defence of Duress. With a trial involving several other defendants, this was a complex case relying on substantial quantities of cell-site, telephone call, and co-location evidence.

In early-December he secured the acquittal of a Dutch national alleged to have been concerned in a conspiracy to import approx. 750kgs of heroin and cocaine – when arrested he was found to be in possession of 140kgs of drugs.

UK Road Transport Law

His practice also covers European and UK Road Transport law, Civil claims with transport-related issues, Judicial Review and criminal defence work involving transport-related allegations.

Before jointly founding SBC he was a director of a national firm of criminal & regulatory solicitors and before that he was a senior member of the independent Bar.

Simon is a recognised expert in European and domestic road transport regulatory law and has advised and represented some of the largest UK and European hauliers, UK Utilities and Non-government agencies and large corporate transport-users. His clients often feature in the FT100 and 250 indices. Simon also advises and represents UK water utilities and NHS Trusts and service providers. He continues to represent clients in Traffic Commissioner and TRU Public Inquiries, the County and High Courts and the Court of Appeal.

All aspects of Road Transport Law including operator licences, European and domestic regulations, vehicle seizure and restoration and UK Border Agency-imposed civil penalties for the carriage of clandestine entrants (illegal immigrants). Simon is authorised to represent clients in all courts and tribunals in England & Wales and in Northern Ireland. Many of Simon’s High Court and Court of Appeal cases have become landmark cases. Some of those cases have directly led to a change in the law, including in the areas of the interpretation of European Regulations, expert evidence, driver disqualification, and drivers’ hours and rest-breaks.
Recent cases include appearing for clients in law-making appeals relating to DVSA vehicle detention and return; the exercise of judicial discretion in civil penalties appeals, MOT authorisations and cessations and the right to be heard; and the removal of disqualification for European-based drivers. Most recently Simon represented 6 appellants in the Court of Appeal in a case in which the Court handed down guidance as to how civil penalties for clandestine immigrants should be dealt with by the Secretary of State and County Courts.

European Hauliers
Simon regularly advises and represents many of the major European hauliers, including industry-leading clients from Holland, Belgium, France, Spain, Poland, Romania, the Czech Republic, Bulgaria, Latvia and Lithuania. This work often involves the restoration of Border Force and HMRC detained vehicles and cargos, appeals against clandestine entrant civil penalties; CMR and customs disputes, DVSA-detained vehicles for cabotage breaches and UK-Operator Licence applications for overseas hauliers. Simon has represented appellants in several of the leading cases on EU regulation interpretation.

Traffic Commissioner (GB) & Presiding Officer (NI) Public Inquiries
He is regularly instructed to represent leading hauliers, retailers, water utilities and NHS Trusts before the Traffic Commissioners and Presiding Officers in Great Britain and Northern Ireland.

Civil Law

Simon has built up an extensive knowledge in the specialist area of Road Transport-related civil claims. Recent cases include success in the High Court and Court of Appeal on the legal test to be applied to allegations of police negligence in LGV vehicle attack and theft cases; the location and effect of the UK Border on Civil Penalty cases; and the Judicial Review of DVSA decisions. Again, Simon has represented claimants and defendants in some of the leading appeals on the topic.

Appellate work

Simon appears in the full range of appellate jurisdictions. He is presently instructed to represent appellants before the Court of Appeal, the Court of Appeal of Northern Ireland, and the Upper Tribunal (AAC). Cases range from Civil Penalty appeals; undue administrative delay; Operator Licence revocation and refusals to simple ‘unfair process’ issues.

Judicial Review

Simon is often instructed to represent clients in challenges to DVSA, Dept. of Transport and Home Office decisions. His most recent success was the overturning of an MOT removal of authorisation decision in which the DVSA had failed to conduct a proper investigation and had acted unfairly. Other important Judicial Reviews in the road transport arena include leading decisions on vehicle detention and sale by Border Force, the proper interpretation of EU Regulations on drivers’ hours and rest breaks, retrospective disqualifications of drivers, and the weight to be given to expert evidence.

Before qualifying as a Barrister Simon drove heavy goods vehicles.