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Legal News Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Legal News

Rape Complainants Sexual History – A Balancing Exercise (15 February 2018)

In light of recent media attention concerning the police’s failure to disclose material to the defence which may undermine their own case, as the prosecutor, it is important to consider why a rape complainant’s sexual history may be disclosed as part of proceedings. This comes after we have been informed that all rape cases across the country are being independently reviewed in order to tackle this issue with disclosure. In response, some have suggested that the request for the sexual history of a complainant as admissible evidence should be restricted.  Read more...

Duncan Lewis:Legal News

To All Commercial Drivers: Updates to Penalties for Driving whilst Tired (15 February 2018)

From March 5th there will be changes to the penalties issued for HGV, lorry and any commercial vehicle drivers for driving whilst tired and beyond regulated time periods, which will see them fined up to £300 for every time they are found to have done so within the last 28 days.  Read more...

Duncan Lewis:Legal News

Claimants in two decades old clinical negligence claims are seeing a rise in compensation (15 February 2018)

Claimants who have instructed clinical negligence solicitors to bring claims for medical mistakes which took place before 1995 are seeing a rise in compensation from the NHS trust for the first time in five years.  Read more...

Duncan Lewis:Legal News

5,000 Drug Driving Convictions to be Overturned? (15 February 2018)

There has been significant media coverage of the “Randox Scandal” over the past 12 months after it was revealed that laboratory staff had been tampering with the results of blood analyses. The extent of the tampering is relatively unknown, but it has now been estimated that as many as 5,000 convictions could be considered “unsafe” and overturned after these faulty testing revelations.  Read more...

Duncan Lewis:Legal News

Could Drug Driving be on the Rise? (15 February 2018)

Cases of drug driving have risen dramatically in some parts of the UK with some areas having more motorists caught in a single month than they had in 12 months four years ago.  Read more...

Duncan Lewis:Legal News

The New Debt Recovery Protocol (14 February 2018)

The new debt recovery protocol came into force on 1 October 2017 and applies to any business claiming a debt from an individual. It will not apply to business-to-business debts unless the debtor is a sole trader. Neither will it apply if another protocol applies to the debt, for example the construction and engineering protocol.  Read more...

Duncan Lewis:Legal News

Recent death by dangerous driving sentencing has seen lenient terms doubled (14 February 2018)

Since October 2017, the maximum penalty for death by dangerous driving has increased from 14 years to life imprisonment. Since then, a number of deaths by dangerous driving offenders have seen their original sentences increased, in some cases doubled.   Read more...

Duncan Lewis:Legal News

Legal Aid to be Restored in Three Areas of Prison Law, Championed by Prisoners’ Charities’ Legal Action (14 February 2018)

In R (Howard League for Penal Reform and The Prisoners’ Advice Service) v The Lord Chancellor [2017]concerning the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), it was ruled that the removal of legal aid for prisoners was unlawful, therefore legal aid is set to be restored in three areas of prison law from 21st February 2018. Having access to legal aid will ensure that vulnerable prisoners who are seeking advice on pre-tariff reviews by the Parole Board, category A reviews and support with decisions concerning their placement in Close Supervision Centres get the assistance they need.  Read more...

Duncan Lewis:Legal News

International disputes & Jurisdiction: Forum Non Conveniens Revisited (14 February 2018)

Forum non conveniens is where the court decides to stay proceedings on the ground that there is another more suitable forum for the case to be tried. Even in cases where jurisdiction has been founded as of right, i.e. where in this country the defendant has been served with proceedings within the jurisdiction, the defendant may then apply to the court to exercise its discretion to stay proceedings on the ground of forum non conveniens.   Read more...

Duncan Lewis:Legal News

Protecting your Status as we head for Brexit (12 February 2018)

As Theresa May Pushes for Brexit and the government refuses to guarantee the rights of EU citizens and their dependents in the UK, there is uncertainty about what immigration controls the government will put in place following a possible Brexit in March 2019 and what may follow.  Read more...

Duncan Lewis:Legal News

Underage driver of stolen car detained for death by dangerous driving (1 February 2018)

In late November 2016, a 15 year old boy drove a stolen car into a tree at 88mph, killing five individuals all between 12 and 24 years of age. It has been revealed that he has been sentenced to 4 and a half years detention for causing death by dangerous driving.  Read more...

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