Duncan Lewis

Dalston Office


Duncan Lewis

Harrow Office


Duncan Lewis

Shepherds Bush Office


Duncan Lewis

Tooting Office


Duncan Lewis

Lewisham Office


FeedWind

Duncan Lewis

Duncan Lewis is community care lawyers

can guide you through to help you

receive the support and care you need

 

 

Duncan Lewis:When anyone declares bankruptcy of their business, his or her assets such as home, income and possessions, can be used to pay off their outstanding debts. A declaration of bankruptcy involves official scrutiny of the bankrupt’s financial matters and he or she is placed under a number of restrictions.

Bankruptcy is one way of paying off debts that cannot be paid otherwise, with the debtor’s assets being used to pay creditors, and until the debts have been paid off, the debtor is restricted in financial dealings to a certain extent.

Anyone in any sort of business set-up can make an application to the courts for bankruptcy, and this applies to sole traders, individuals and partnerships. Not every court in the land will deal with bankruptcy cases, but only a court can declare

 

 

 

Duncan Lewis:Following the 2011 London riots there was something of a furore in the coalition government over what were seen as draconian measures on the part of Grant Shapps, the Housing Minister, and his decision to administer tough justice to the perpetrators. One of the ‘draconian’ measures the Housing Minister announced was the ordering of ‘visitors from hell’ from their social housing if they were in it, which brought a backlash upon him from the Liberal Democrat ranks in the government. Legal experts were also quick to voice their concerns that the government’s response was, in some cases, out of all proportion to the seriousness of the offences perpetrated by individual rioters caught on CCTV and arrested afterwards.

The standard legislation was and is that people housed by the cou

 

 

 

Duncan Lewis:When someone is found guilty in the UK of having committed benefit fraud against the taxpayer and the state, the seriousness of the fraud will be the determining factor in setting the level of punishment. In less severe instances, the accused may get off with a fine, whilst in more severe ones a custodial sentence could be handed down and the accused sent to prison for a certain period of time. For crime solicitors, this is a particularly busy area.

Whether the punishment is a fine or a prison sentence, the accused will also be required to pay back all the money they stole from the taxpayer and, in addition, they will have a criminal record which could harm them for life when it comes to future employment and life prospects in general. On top of all of this, a confiscation orde

 

 

 

Duncan Lewis:When you are suspected of drink driving by the police, you will be given a breath test which uses a digital breathalyser. There are green, amber and red gradations on the machine, indicating respectively no alcohol on the breath, some alcohol but not yet at the legal limit, and alcohol content higher than the limit. You are committing an offence if you refuse to take the test when asked to do so, although you can provide one later at the station and will not be mandatorily disqualified for not providing it at the roadside. It is best to comply when asked.

If you have produced a red reading you will be arrested on the spot and taken to the police station where you will need to take a further test, as conviction does not automatically follow on from the roadside test. If the pol

 

 

 

The Care in the Community at Duncan Lewis Solicitors deals with the care people receive in their own homes, institutional accommodation or from health and housing services.

The Duncan Lewis Care in the Community Department provides valuable advice to clients about services available to them. These include the elderly, young adults with physical, learning or other disabilities, people with mental health needs, drug or alcohol problems and asylum seekers.

The team assist carers with benefit entitlements, obtain support for children in need from Local Authorities and asylum seekers attain housing or financial support.

Duncan Lewis & Co is amongst a handful of firms who have been awarded a Legal Services Commission franchise for Community Care work.

Children and Elderly Clients



Duncan Lewis solicitors can advise in relation to the assessment and service provision for children in need, including respite care and home adaptations. We can also help in: • Gaining the support you need from the NHS and other Social Services and continuing care for your return home • Adapting the home for the disabled or elderly • Judicial Review representations, where we can take the Local Authority to Court • Advice with Ombudsman Investigations for minor disputes

Asylum Seekers



The Community Care team in conjunction with the immigration team at Duncan Lewis can help with assistance to receive access to housing and provisions to meet basic needs, along with section 55 applications.

Judicial Review Proceedings



Our solicitors can take proceedings against Health and Local Authorities who fail to carry out Community Care Assessments or provide adequate care once a need has been assessed. We can assist when public services have been withdrawn.

Assessments & Service Provision



Duncan Lewis solicitors can also assist with Community Care Assessments and review of services for individuals with drug and alcohol abuse problems; disabilities; mental health problems; elderly; HIV patients; rape victims and care plans.

To book an appointment with one of our Duncan Lewis solicitors or to refer clients to our firm, please contact our New Client Co-ordinators on 0800 740 8081

Duncan Lewis has offices in the following locations in London and the Home Counties:-

Duncan Lewis – Clapham Junction

Duncan Lewis – Dalston

Duncan Lewis – Harrow

Duncan Lewis – New Cross

Duncan Lewis – Romford

Duncan Lewis – Shepherds Bush

For more information please visit the Duncan Lewis home page at www.duncanlewis.co.uk

Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited.

 

 

 

A month ago, the government announced plans to wipe £350m off the legal aid budget and if carried through, over 500,000 of the most vulnerable members of our society will no longer have access to justice. That's 25% of those currently able to do so, denied the democratic right first outlined in Magna Carta eight hundred years ago: 'we will not deny or defer to any man either justice or right'.

By any measure this will be an extraordinary challenge to a legal aid system that has successfully protected the rights of tens of millions of people over the past 60 years. Yet, as against the projected impact of the increases in university fees, the response of the legal profession so far has been somewhat muted. This may prove short sighted....

 

 

 

Only the cynical would doubt that the government had the best of intentions in raising the age of both parties to a marriage from 18 to 21 with the stated aim of tackling the acknowledged evil of forced marriage. Chris Mullin, a junior minister in the last Labour administration and a man with evident sincere concern for immigration issues, devoted a small but memorable section of his memoirs 'A view from the foothills' to his delight in the advancement of the measure as a rare example of the ability to do some small good whilst in power. There is real bathos then in the recent decision of the Court of Appeal to allow the joined appeals in the case of R oao Quila and Others v Secretary of State for the Home Department [2010] EWCA Civ 1482,1 on the basis that they amounted to an unlawful infringement of the Claimants' rights.

Where did it all go wrong?



Sedley LJ, with whom Pitchford LJ agreed 'for the reasons he has given', in a thorough survey of the law, serving to remind us all of how much we will miss him when he retires, found that the rule was not irrational in the traditional sense of having no bearing on its intended target and was not ultra vires. He did however find that the rule interfered 'sharply' with a fundamental right in a manner that made the question of its proportionality central in both common law and in respect of its impact on the Appellants' right to family life under article 8 of the ECHR. It was therefore clearly cogent that it was common ground that in these two instant cases there was no suggestion that the marriage was anything other than genuine, and that the sole reason for the refusal of leave was the age of the parties.2

From that point the game was up for the Secretary of State. Not only was the interference unjustified insofar as it affected the Appellants, but the Secretary of State's reasoning left a great deal to be desired, it was described at one point (para 62) as 'inadequate and muddled'. So many flaws were highlighted that a detailed treatment would cover a great deal of space, for present purposes it suffices to note that (amongst many other problems) (a) the Secretary of State's own argument was that the rule would not function if the decision maker was required to assess the genuineness of the marriage, but there was no answer to the point that appeals against refusals in the Tribunal would inevitably have to confront the issue of the genuineness of the marriage, and (b) there was no justification put forward whatsoever for the exemption of spouses of the armed forces from the measure.

The disappointment that many will feel is that the Court concluded that:



'In my judgment the correct course is to decide these two cases in relation to their own facts, leaving it to the Home Secretary, at least in the first instance, to decide how far their ripples spread. This means that we are moving from the possibility of striking down the rule ...' para 31

There is no doubt good reason for the Courts to be very cautious in striking down measures approved by Parliament. What this leaves unaddressed however is the position of the many applicants and appellants who have already fallen foul of the raised age limit: must they all litigate separately to secure their rights? This is a developing and specialist area, and Duncan Lewis are happy to advise those affected by these developments.

Footnotes



1Strictly speaking, one was heard as a judicial review in the Court of Appeal whilst the other was an appeal against refusal to grant judicial review.
2Interestingly, Gross LJ, whilst agreeing with the result, did not accept that proportionality, or even article 8 (for reasons to do with the article 8 caselaw on related issues) was the key to the outcome. He considered that in these circumstances it was irrational to insist upon the strict application of the rule in the first place.


 

 

 

We are one of London's fastest growing firms of solicitors, with six offices in and around London. We deal in a wide range of legal services that caters for clients on a public funding or private fee basis. Duncan Lewis 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.

Job Description:



We are currently seeking to recruit a Welfare Benefits Caseworker in our Dalston Office.

Candidates must be able to demonstrate a clear understanding and application of Welfare Benefits Law and have more than six months prior experience within Welfare Benefits.


Key Skills Required:


Excellent communication skills (Written and Verbal)
Knowledge of Welfare Benefits Law

Office:


All Offices

Salary:
Competitive

Job Type:
Permanent

 

 

 

If you have used our service, we would like you to spend a few moments to comment upon the service you have received from our lawyers at Duncan Lewis. Please do not include any personal and confidential information about your case. Please however comment upon the service received from the solicitor(s) who assisted you and whether you were satisfied with the service that was provided to you at Duncan Lewis. Do also mention the department and name of the solicitor(s) who advised and assisted you will be helpful. Any suggestions for improvement of our service will also be helpful. Thank you for your time.