International Transport Roth GmbH v Secretary of State for Home Department

Application of ECHR to transport carriers’ liability for carrying clandestine immigrants. By a majority, the Court of Appeal held that the scheme adopted under Part II Immigration and Asylum Act 1999, which imposed penalties on those responsible for bringing clandestine entrants to the United Kingdom, was incompatible with Art.6 and Protocol 1 Art.1 European Convention on Human Rights. However, the scheme was not inconsistent with Art.28 and Art.49 EC Treaty.