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In The Press News

Duncan Lewis:InThePress

Free Movement Legal Aid and Exceptional Funding (22 December 2014)

Duncan Lewis Public Law Solicitor James Packer^s article in the Free Movement blog;

"In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 has upheld Collins J’s finding that the Exceptional Case Funding (‘ECF’) scheme has been operated unlawfully, while allowing the appeal in two, and dismissing the appeal in the remaining three, of the test cases. Rarely can the Court of Appeal have considered such a number of important and diverse issues in one judgment."   Read more...

Duncan Lewis:InThePress

Law Society Gazzette (10 December 2014)

Duncan Lewis Public Law Director Adam Tear^s article published on 5 December on the Advocacy Section of the Law Society website, and also again in the Advocacy Section newsletter on 10 Dec.   Read more...

Duncan Lewis:InThePress

Law Gazette Skeleton arguments ‘not rocket science’ – Jackson (26 November 2014)

Law Society Gazette article;

“The legal profession is failing to get the message about preparing better skeleton arguments, Lord Justice Jackson has said.
The architect of last year’s civil litigation reform used a Court of Appeal judgment to ‘speak more bluntly’ about the ‘poor quality and excessive length’ of some skeleton arguments in the upper courts.

Jackson said that an appellant in a dispute over whether to commit a defendant for contempt of court had produced ’35 pages of rambling prolixity’ which made it difficult to track down the relevant facts, issues and arguments.“

The appellant was represented by Adam Tear, instructed by Duncan Lewis.

Duncan Lewis:InThePress

Duncan Lewis Judge bans five. (29 October 2014)

Duncan Lewis Solicitors represented a client featured in the Guardian on the 28th October 2014.

"A high court judge has ordered a number of men not to approach girls in public places after social workers and police raised concerns about the welfare of a vulnerable teenager in local authority care."  Read more...

Duncan Lewis:InThePress

HMDL (23 October 2014)

A serial ^flasher^ has been told by a judge he can^t go out in public without his pants on. Liz Rebello was the litigator and Duncan Lewis Solicitors Sunjay Versani was the advocate at Court.   Read more...

Duncan Lewis:InThePress

criminal judicial review published (10 October 2014)

Criminal Judicial Review, a comprehensive guide to judicial review in the criminal justice system, has been published by Hart Publishing with a Foreword by the Rt Hon Lord Judge. James Packer, a director of Duncan Lewis contributed the chapter on costs. James’ practice includes costs matters, and he was the lead solicitor in the key costs case in judicial review matters Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895, as well as having conduct of AL (Albania) & Ors –v- Secretary of State for the Home Department [2012] EWCA Civ 710 which dealt with the application of Bahta to the costs of ordinary appeals in the Court of Appeal. He has brought several further costs appeals that have settled favourably following the grant of permission in the Court of Appeal.

The book is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court’s jurisdiction or the availability of relief during ongoing proceedings.

Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both.

The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following:

· The Police and the Crown Prosecution Service.

· Magistrates’ courts, the Crown Court and Coroners.

· Prisons and the Parole Board.

· Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency.

· Claimants who are children, young persons or have mental disorders.

· The international dimension including extradition proceedings and European

· Union law.

· Practical considerations such as CPR Part 54, remedies, legal aid and costs.

It can be purchased from all good legal bookshops or ordered online at here. An e–book version will follow.   Read more...

Duncan Lewis:InThePress

MDAF (6 October 2014)

"Police have confirmed a man who fell from the back of a moving taxi in Harrow this morning - despite the driver having no idea how he got into his vehicle - has now died."

Duncan Lewis Solicitors will be representing the taxi driver in this case.   Read more...

Duncan Lewis:InThePress

DLMC (2 October 2014)

The Daily Mirror: "The judge said Hanley was described as the "top man" in a smuggling operation that stretched from Venezuela to London^s Covent Garden"

Duncan Lewis represented Chrysi Minadaki and continue to do so for confiscation and appeal.  Read more...

Duncan Lewis:InThePress

JPR1 (23 September 2014)

Duncan Lewis Public Law Solicitor James Packer reviews Solicitors’ Claims, a practical guide (1st ed.)in the Law Society Gazette.  Read more...

Duncan Lewis:InThePress

Duncan Lewis Murder probe launched after man dies in Uxbridge (19 September 2014)

Murder squad detectives have been called in after a man died in west London today.

Police said a 42-year-old man died at the scene in Ryefield Road, Uxbridge after he was found unconscious at a property at around 1pm.  Read more...

Duncan Lewis:InThePress

dmhb (18 September 2014)

Having a blast! Bomb squad forced to blow
up wartime explosive in field after finding
garage containing hundreds of bombs, guns
and grenades 

Duncan Lewis:InThePress

SAHCA (12 September 2014)

Dress and behaviour before the Courts are a current high profile issue, along with conflict resolution between advocates and the judiciary. This article is prepared with Article 1a of the SAHCA Constitution in mind, to promote the maintenance of the highest ethical and professional standards of Higher Court Advocacy.

Duncan Lewis:InThePress

BOOK REVIEW Costs & Fees Encyclopaedia (29 July 2014)

Duncan Lewis Public Law Solicitor James Packer reviews Costs & Fees Encyclopedia (2014-2015 edition) in the Law Society Gazette.  Read more...

Duncan Lewis:InThePress

LG Legal aid guidance unlawful (16 June 2014)

Elements of the lord chancellor’s guidance for granting legal aid in exceptional circumstances for immigration cases are ‘unlawful’, the High Court ruled today.  Read more...

Duncan Lewis:InThePress

UEL (12 June 2014)

Duncan Lewis, the largest legal aid practice in the UK, has announced it is funding the University of East London’s Law Clinic for the next three years  Read more...

Duncan Lewis:InThePress

Independant- Somalia (3 June 2014)

The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to
Mogadishu where they fear they will be murdered by Islamic militants.  Read more...

Duncan Lewis:InThePress

The Children and Families Act 2014 (30 May 2014)

Duncan Lewis Child Care Law Supervisor discusses the Children and Families Act 2014 and the impact on recently refreshing
authorities in her newest Family Law article.

Duncan Lewis:InThePress

iguana Telegraph (9 April 2014)

Border Agency found 13 ^critically endangered^ San Salvador rock iguanas stuffed into a suitcase for eight-hour flight, with 12 surviving

Duncan Lewis:InThePress

Free Movement Good character (6 March 2014)

In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for Judicial Review of the Secretary of State’s decision to refuse naturalisation on grounds of ‘good character’. The judgment provides useful judicial comment as to how the Secretary of State must approach assessments of an applicant’s character by reference to her policy and otherwise.  Read more...

Duncan Lewis:InThePress

new Judgement on delays (4 March 2014)

The Upper Tribunal has in a new judgment now set out how it will deal with the vast majority of judicial reviews in which the Home Office fail to provide a timely Acknowledgment of Service. The ruling almost entirely follows the form anticipated in our blog post following the hearing.- James Packer  Read more...

Duncan Lewis:InThePress

LG Immigration Report (27 February 2014)

Duncan Lewis Solicitors Immigration Law case featured in the Law Gazette: Khan v Secretary of State for the Home Department: Court of Appeal, Civil Division: 11 February 2014  Read more...

Duncan Lewis:InThePress

Exemplary soldier (21 February 2014)

The Home Office has been criticised by the High Court for refusing British citizenship to
an ^exemplary^ Commonwealth soldier, because he had a speeding conviction  Read more...

Duncan Lewis:InThePress

Ex British soldier's deportation (18 February 2014)

Home secretary must review Border Agency refusal of citizenship to Poloko Hiri which ^denied him full character test^  Read more...

Duncan Lewis:InThePress

DL BBC 022014 (5 February 2014)

Duncan Lewis Immigration Solicitors are involved in the case of two women who were arrested on suspicion of "smuggling" thirteen "incredibly rare" iguanas that had apparently been stuffed into socks. The iguanas were seized by a customs team at Heathrow Airport.  Read more...

Duncan Lewis:InThePress

freemovementjames (29 January 2014)

Duncan Lewis bring test case on Home Office delay to the Upper Tribunal. James Packer posts on the influentual Free Movement blog to update the profession  Read more...

Duncan Lewis:InThePress

The cost of Home Office staff incentives (20 January 2014)

Immigration lawyers Duncan Lewis Solicitors respond to the revelation that Home Office staff are being rewarded with gift vouchers for helping to ensure failed asylum seekers lose their attempt to stay in the country.  Read more...

Duncan Lewis:InThePress

SKY (15 January 2014)

Gift vouchers, holiday days and cash bonuses are being offered to Home Office staff who stop failed asylum seekers staying in Britain: Sky News 15th Jan 2014  Read more...

Duncan Lewis:InThePress

IBC (15 January 2014)

Gift vouchers, holiday days and cash bonuses are being offered to Home Office staff who stop failed asylum seekers staying in Britain. LBC 97.3 FM Wednesday, 15th January 2014 09:00  Read more...

Duncan Lewis:InThePress

Home Office reward (15 January 2014)

^Freedom of Information enquiry uncovers unethical Home Office practices^  Read more...

Duncan Lewis:InThePress

Hospitals Charge (2 January 2014)

The health of British babies is put at risk by charging their mothers for ante-natal scans and care.

Duncan Lewis represent a lady who has a British husband and child, but was charged £5, 000 for NHS care during that pregnancy. She was then refused leave to remain because, although she is paying off the debt, more than £1, 000 remains unpaid. The couple are now expecting a second child (who will also be British from birth), but she cannot afford to have any ante-natal treatment. Her plight, and the dangers that a lack of ante-natal care give rise to, are highlighted in the attached article.^

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