Wed, 12 Aug 2015
Marek Durkiewicz, a lorry driver who was deprived of his driving license is now back on the road thanks to No5 Chambers Barrister James Dixon and solicitor Agata Dmoch from Mills and Reeve.
Mr Durkiewwicz suffers from a medical condition, which could affect his ability to drive, and consequently has to surrender his license to be renewed every 12 months.
The DVLA issues drivers who surrender their licenses a letter authorising them to drive in the UK during the renewal period, however if the driver wishes to travel around Europe, the onus is on the driver to check with each member state if they are able to drive through their territory without a valid license.
Mr Durkiewwicz had planned to travel home to Poland for a holiday, and he was also required to travel around Europe as part of his job. He waited more than 5 months to receive his license documentation, and missed his holiday as a consequence.
He approached solicitor Agata Dmoch, who together with James Dixon, represented him on a pro bono basis.
Both lawyers were shortlisted for Birmingham Law Society’s Pro Bono Lawyer of the Year in 2013, which James Dixon won.
Together they wrote to the Secretary of State for Transport raising the potential breach of the European Union’s fundamental right to freedom of movement. They also issued a pre-action letter to the Department of Transport preceding a judicial review, and Mr Durkiewwicz was promptly issued a new license.
Please click here to read an article reported by the Birmingham Post.
Please click here to view James Dixon’s profile.