Government considering relaxing part of Bribery Act 2010

CPS Guidance on Charging Offences arising from Driving Incidents

– Duty of care

Supreme Court upholds first tier tribunals ruling that suicidal people may not be aware full effects of their actions.

Exceptional circumstances in Legal Aid

Scottish direct marketing firm becomes first company fined for unsolicited marketing calls

Sexual abuse cases against children to be overhauled to make it more cohesive and informed

Changes to Finance Bill 2013 may lead thousands of parents to rewrite their wills to protect their children’s interest

Unfair or wrongful dismissal

ECtHR rules wearing of religious symbols protected under Article 9 of the Convention – but not always

Reforms in housing benefits keep private landlords guessing

APIL says the proposed portal fees in RTA cases was a damaging one

Secret justice system necessary to stop damages claims says cabinet office

A single integrated fraud investigation service going on pilot for four councils

The met has commissioned an independent review on people in police custody suffering with mental health conditions

Prison is not a place for recreation says the new Justice Secretary

An ancient law on contempt of court would be abolished as it is against the spirit of freedom of speech

Macpherson report lacked evidence for charging police of institutional racism in Stephen Lawrence case says a think tank

Vicarious liability of employer under the Protection from Harassment Act 1997 making employer liable for its employee’s actions in the course of employment is poised for interesting ruling

Experts on personal injury have supported the government’s attempts to limit the number of fraudulent claims.

Motoring offences - how a lawyer can help

Drink Driving - The punishment

What is Parole?

What is a Judicial Review?

How Will the Proposed Cuts to Legal Aid Affect Those Who Will Need the Service in Years to Come?

What Are Your Rights When You Get Arrested?

Duncan Lewis Harrow HQ move to Spencer House

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The government is said to be reconsidering whether to relax part of the Bribery Act 2010 to soften the impact on SMEs the Financial Times had reported.
The Bribery Act 2010 came into force on 1 July 2011 which describes a facilitation payment as a type of bribe and which should be seen as such. A common example being a government official given money or goods to perform or speed up the performance of an existing duty.

 

 

 

Guidance on the approach of the Crown Prosecution Service (CPS) to road traffic offences was published on Thursday 9th May. The two most significant changes from previous guidance concern public interest considerations relevant to drivers in emergencies and deaths where the victim was a close friend or relative of the driver (close friends and family cases).

 

 

 

Negligence or duty of care refers to situations and relationships which according to law gives rise to legal duty to take care. Any failure to take such care which results in the defendants liable to pay damages to a third party claiming damages for injuries or loss suffered due to such act or omission is said to be breach of duty of care.

 

 

 

Supreme Court has backed the initial tribunal by reaffirming the principle that suicidal people may not realise full effects of their actions.
Eight years ago Barry Hughes parked his car on the six lane carriageway linking M25 motorway to the Dartford Crossing Bridge in Essex. He got out of his car waited for an articulated lorry approaching in the centre lane and then ran out into the road and stood in the path of the lorry with his arms stretched.

 

 

 

From 1 April, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) has revamped the statutory framework for legal aid in England and Wales.
Part 1 of schedule 1 to LASPO contains the remaining areas of law which are eligible for legal aid and the areas of law which are being taken out of scope, in whole or in part are education, housing, non-asylum immigration, welfare benefits, debt and private family law.

 

 

 

Unsolicited calls has taken its toll in a Scottish company having the dubious distinction of being the first company fined for blighting the public with thousands of unwanted marketing calls.

Kitchen-fitting firm DM Design has been ordered to pay £90,000 after it bombarded homeowners with telephone calls, even though they had signed up with a service blocking such unsolicited contact.

 

 

 

After the Jimmy Savile scandal laws governing sexual offences against children would be changed for good in England and Wales.
Director of Public Prosecutions Keir Starmer is to say in a speech later today that the accounts of alleged victims have been treated too cautiously.

 

 

 

The Law Society has written to the government advising them of the consequences of their proposals to make changes to the Finance Bill 2013 which experts say may lead to thousands of parents having to rewrite their wills to protect their children’s interests.

 

 

 

For all those employers who would want to dismiss an employee they should do it under proper legal advice at the early stages because any wrongful dismissal without following the proper procedure such as giving enough notice was likely to end up in Employment tribunal for unfair dismissal claims which could be an expensive affair.

 

 

 


Wearing of discreet crosses, by Christians at work places which do not interfere with their professional appearances, has been ruled as within their rights and banning, it as a breach of human rights the European Court of Human Rights has ruled.

Nadia Eweida, and Egyptian Coptic Christian, started wearing a small cross openly in 2006, rather than concealing it under the British Airways (BA) uniform.

 

 

 

A private landlord’s association and a social housing firm have highlighted the challenges they would face in the aftermath of housing benefit changes and council tax changes. The changes would mean less financial support and stringent conditions for tenants in private and social housing.

 

 

 

Association of Personal Injury Lawyers (APIL) has described governments’ intention to cut Road Traffic Accidents (RTA) portal fees from £1,200 to £500, as appalling and a wholly damaging proposal.

Justice Minister Helen Grant has revealed in a letter to the lawyers group and industry body about the government’s proposal.

 

 

 

Secret court hearings were necessary to control the influx of complaints and damages cases mainly from former detainees alleging mistreatment, false imprisonment or UK complicity in rendition the Cabinet Office has said.
Seven fresh claims for damages involving highly sensitive national security evidence were made in the past year which was settled confidentially the government revealed.

 

 

 

A pilot for a single integrated fraud investigation service for four councils, with powers to probe and sanction all benefits and tax credit offences has been announced by the welfare reform minister Lord Freud.

An estimate, by the Department for Work and Pensions (DWP), put cost of benefit fraud and tax credit fraud and error at £5.3bn per year.

 

 

 

An independent review has been commissioned by the Metropolitan Police into how it responds to people with mental health conditions.
A panel would examine every case during the last five years where a person suffering mental health problems had either or been seriously injured after police contact.

 

 

 

Prison inmates convicted and sentenced should not be let to have a easy time in the prison, watching the Sunday afternoon match on Sky Sports or viewing jail as a place to recreation says the new Justice Secretary.
Mr Chris Grayling has said that life must be harder for criminals. Pledging action on the completely unacceptable use of mobile phones in prison, he said that he wanted to be a tough Justice Secretary.

 

 

 

Criticism of a judge by many a disappointed litigants is common but if such grievances were to be published it could mean a jail sentence upto two years for the offence of contempt of the court. The Birmingham Daily Argus who had described a judge as ‘an impudent little man in horsehair’ in 1900 was punished with a fine of £100 plus costs for the mysterious form of contempt of court.

 

 

 

The initial failure in proper investigation of grooming gangs in the North England could have been due to the pressure of racial sensitivity says the think-tank ‘Civitas’ in a pamphlet released by it.
Police were failing to do their job when the crimes were committed by ethnic minorities because of the fear that they would be branded racist, the report claimed.

 

 

 

The UK wide Protection from Harassment Act 1997 (PHA) has been applied to the case of murdered Roman Romasov a part time employee at Sainsbury’s in Aberdeen, whose family have said that the failure to deal with a harassment claim contributed to his death.

The family were seeking £500,000 in compensation. The Scottish civil courts had refused to dismiss the claim last month.

 

 

 

A new report had argued that whiplash claims were the main reason for spiraling of car insurance costs which was supported by personal injury specialist solicitors.
In a recently published report,

 

 

 

Duncan Lewis:A motorist’s driving license is clearly an important part of his or her life, and for many people possessing a clean driving license is an integral part of their livelihood and family life. When a motorist has been convicted of a driving offence and the threat of disqualification is hanging over their head, it is essential that they have a good specialist lawyer to fight their corner for them in the courts and minimize the risk of being deprived of their driving license for any length of time.

 

 

 

Duncan Lewis:There are varying levels of penalties associated with the dangerous practice of driving whilst intoxicated, and much depends on the seriousness of the offence, whether anyone was hurt, previous similar offences and other factors.

 

 

 

Duncan Lewis:P who specialise in parole work will represent prisoners at Parole Board hearings.

 

 

 

Duncan Lewis:A judicial review is a special type of proceeding in court where a judge decides on the legality of decisions or actions taken by a public organisation. The merits of the actual conclusions reached by the public body’s process are not the matter at issue here, but rather the ways in which the decisions were arrived at.

 

 

 

Duncan Lewis:Changes that are being proposed to the legal aid system will, according to many involved in the matter, have a devastating impact on the most vulnerable members of society in the UK. The Ministry of Justice has proposed sweeping cuts to the whole legal aid system and those areas affected will have a direct impact on people with no recourse to other funding to support their legal proceedings.







 

 

 

Duncan Lewis:I, who will discuss your situation and your rights with you. A solicitor should always be present when you make any statement to the police. One of your rights is to have access to a solicitor, and there are duty solicitors funded by the government who can be brought to the police station where you are being detained to consult with you.







 

 

 

Duncan Lewis' Headquarters moves from Viking House to Spencer House in Harrow on the Hill to a larger more equipped office.

 

 

 

W is privileged to have several franchises from the Legal Services Commission.

We look to recruit dedicated and talented employees in both legal and non-legal capacities, and we are always interested to receive applications from quality candidates, whether experienced or novice. If you can demonstrate a strong commitment to the areas of law provided by the firm, and you are keen to build a career with us, please email your details and CV to recruitment@duncanlewis.com, or telephone and ask to speak with the Recruitment Coordinator.