Sometimes imponderables may not allow orders of compliance to be carried out says High Court

Most of the police reports are not always complete before being brought to the courts

Concerns of new Mental Health Bill failing to deliver justice raised by Law Society of Scotland

Mental health policy has to take explicit consent of individuals on data usage by firms

New controls to outline delay causing judicial reviews

Disability benefit changes take effect in north England and would gradually be introduced across the country.

A bill to give employers a high hand over his employees making it easier and cheaper to sack

Welfare benefits and benefits fraud

Harm to a child in the past could not be constituted as finding of fact Supreme Court rules

Divorcees may have to give more of their pension income to their former spouse

Supreme Court had warns of uncertainty if legal privileges were to be extended to non-lawyers.

One who is named the executor in a will would need a grant of probate to deal with the estate of deceased person.

RTA Portal expansion most likely to be delayed due to significant changes to draft civil procedure

“No win no fee”

According to a research shared parenting presumption was misguided.

Abu Qatada released and imposed strict bail conditions

The new laws on maternity benefits to be announced at the month end by the prime minister

‘Fire at will’ employment laws a strict no for Business Secretary

Parents encouraging truancy will have to pay £60 spot fines for their wards

Businesses urged to help network in cause for domestic violence victims

A freedom of information application reveal soft punishments had led to thousands of convicts re-offending

Government’s austerity measures has hit the forces hard with thousands of cases being screened out due to lack of staff

Women are the most hit by insolvency says accountant firm

A fresh proposal is being launched by the ministers to cut the cost of childcare

Problem families have more unplanned children who are taken into care says a damning report

In the case of ANS and another vs. ML [2012] UKSC 30 the Supreme Court had to decide on whether a mother’s consent to an adoption could be dispensed with.

A government campaign to highlight the issue of forced marriages within the community.

A new child maintenance plan has been unveiled by the government

Government panning to scrap Equality Act 2010

Government plans to combat sexual exploitation of children has been published

New amendment made to Domestic Violence act has closed the legal loophole which allowed abusers escape prosecution

A woman involved in a divorce proceedings has had restriction order overturned in the High Court

Ministers plan to launch web app’ to help divorcing couples settle their disputes amicably

A pensioner was shocked to get a divorce notification which he was not aware of

A report by two influential committees of MPs has concluded that the care system in England was not fit for purpose’ and was systematically failing to protect the most vulnerable children.

As a pilot a special court has started functioning at the Northamptonshire Magistrates to try more number domestic violence cases.

The government has decided to act tough against the problem families with ‘it’s not my fault attitude’.

Forced marriages to become criminal offence an announcement is due by the Prime Minister

The Prime Minister’s office needs a legal adviser to help the Prime Minister in legal issues which crop up in short notices a former legal adviser at the Foreign Office say

Provisions in domestic violence laws could be applied to people under the age of 18 to address the needs of young people and children in abusive relationships

A hotline for reporting missing or abducted children launched at 10 Downing to help campaign groups and other supporters

Non working lone parents with youngest child aged five and above and on Income Support to shift to Jobseeker’s Allowance to get extra help for finding job earlier

Buy to let market only sector which is seeing a boom with rental market at its rudest best

Works and Pension Secretary see the abuse and fraud of benefit system being curbed by reforms to an extent where half a million and more would lose disability benefits

New regime to check the classification of video games to introduce a rating of 12 for the first time

Rochdale, child exploiting gang, of nine men has been sentenced to 77 years in total between them.

Evening Standards Dispossessed Fund has transformed the life of a youth who was jailed for looting during the London riots.

Existing system of disability benefits are overcomplicated says the Works and Pensions Department

Why is a will necessary?

McKenzie friends- their role

Divorce Made Simple

Can Social Services Intervene Where Parents Abuse Children?

What Are My Rights to Vary My Working Hours if I Have a Two Year Old Child?

I Am a Divorcee With Custody for My Two Year Old Child. My Husband Took Her Away to Another Country Without Telling Me. What Can I Do?

Article: International Child Abduction and the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Article: New Consumer Credit Directive

Family Law can be both highly sensitive and confusing


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know matters can be both

highly sensitive and confusing



Post Jackson applications for extensions must by subjected to scrutiny more rigorously than before but at the same time the courts must avoid encouraging unreasonable opposition the High Court has said.




Prosecutors and inspectors of police service have called for decisive action to streamline the criminal justice process and end ‘the spectre of unnecessary bureaucracy’.
The HM Inspectorate of Constabulary (HMIC) and HM Crown Prosecution Service Inspectorate (HMCPSI) identify factors that create unnecessary delay to cases and make seven recommendations for change. But the report has also accepted that significant effort has been made to improve efficiency since a previous report in 2011.




The Law Society of Scotland has raised concerns that the new Scottish Parliament legislation failed adequately to safeguard the continued existence of a specialised Mental Health Tribunal for Scotland.




The best practice for processing data from individuals with mental health problems under the Data Protection Act (1998) was published last month which sets out the best practices for dealing with sensitive personal data about an individual’s mental health.




Delay causing judicial reviews in English courts that hold up building projects and immigration decisions will be put under control according to plans to be unveiled by ministers.
Applications for reviews holding public bodies to account had been rising and stood at 6692 in 2007 to 11359 in 2011.




Some parts in the UK are now being introduced with the new changed disability benefits for new claimants before it will be introduced across the nation.
The Disability Living Allowance (DLA) is being replaced by Personal Independence Payments (PIP).




The changes is going to come after The Enterprise and Regulatory Reform Bill would be put forward by business secretary Vince Cable as a measure to help British business and to make Britain more enterprise friendly.




Welfare benefits are payments made by the UK government to individuals or families who are on low incomes in order to provide a level of income to suffice their needs.




The Supreme Court ruled in a care matter that a mother who may have caused harm to her child in the past should not necessarily be prevented from being in care of children in the future.

Lady Hale in J (children) [2013] UKSC 9 has said that care courts are often told to look into the carers past but prediction was only possible where the past facts had been proved. She suggested that such a past finding was not necessarily a finding of fact binding other courts.




People who have separated in the past 12 years could end up giving more of their pension income to their former spouse.
Pensions funds are regarded as more valuable asset of a marriage often more valuable than the home, but according to a report from Divorce LifeLine in as many as half of the 1.5 million divorce settlements in the UK since December 2000, the divorce pensions may have been undervalued.




Last week the apex court said that it was for the Parliament and not the courts to decide on whether legal advice privilege (LAP) should be extended to non-lawyers.

Four justices agreed with Lord Neuberger that extending the principle to accountants and other professionals would carry with it an unacceptable risk of uncertainty and loss of clarity in a sensitive area of law.




What is Probate?
Though most of you might know a probate as something to do with a will but it has a very specific meaning. It means the rights bestowed upon a person in a will to deal with a deceased person’s affairs.




Major amendments to the draft civil procedure rules next year would not give enough time to implement the government’s plans to expand the RTA portal, Claims Portal, the company behind the portal has warned. The government has planned to expand the portal on 1April 2013.




As the phrase suggests in the legal parlance it is used for services provided where the fee is payable only if there is a favourable result. in law it could be defined as a fee charged for a lawyer’s services in the event of a successful out come of a suit or if there is a favourable settlement out side the court. In US it’s called contingent fee.




The report has come in before governmental plans to amend the 1989 Children Act by introducing a presumption of shared parenting which the author of the new study has described as well intentioned but misguided. The research was conducted into childhood experience of family break ups.




Abu Qatada the radical Islamist cleric has been released from the Long Lartin high security prison in Worcestershire after an appeals court ruled that he cannot be deported to Jordan to face trial on torture based evidence.
He would be sent back to his home in the North West London where he would face a curfew from 4pm to 8am enforced by an electronic tag and strict restrictions on who he could meet.




The prime minister and his deputy are going to announce the new laws on allowing new fathers to share maternity leave and pays with mothers.
Cameron and Nick Clegg would confirm this later in the month after declaring that they have overcome any opposition in the Cabinet to implement their pledge of flexible parental leave.




Vince Cable the Business Secretary has said that his opposition to “fire at will” employment laws was there to stay and that he was going to oppose the Tory calls for no-fault sackings.
Mr Clarke also said that there should be cuts to red tape in the matter of complex immigration and tax rules rather than allowing ‘no fault dismissal’. He said also stood for increase in tax on the wealthy.




From next month, heads of schools will be able to issue parents with a £60 spot fine if they allow children to miss too much school, up from the £50 penalty introduced by the last government.
Ministers were considering a proposal to tie up fines from child benefit if parents fail to pay them.




Many men and women who are abused at places where they should be feeling safe such as workplace often do not tell their employers fearing being spurned or overlooked for promotion. It is believed seventy five percent of victims are targeted at work often via phone calls or threatening messages.




Nearly 400 criminals every week commit another crime while they were supposed to be doing community service. A shocking figure has revealed that more than 20,000 criminals who were let off or given soft sentences instead of being sent to jail had again committed a crime.
A similar number failed to comply with the terms of their punishments and had to be hauled back before the courts meaning one in four offenders do not comply with their community sentences because they break the rules.




The governments sweeping budget cuts to forces across the country has raised the fears that the cuts were suffocating their ability to keep Britain safe even more after the revelation that a police force had not bothered to investigate 36,000 crimes which they were not sure of solving.
It amounted to 40% of the reported cases.




Older women are bearing the brunt of individual insolvencies, says Wilkins Kennedy LLP, the UK’s 21st largest accountancy firm. While the number of insolvencies in all other age and gender group fell, for women who are over 45 it rose in 2009-2011. With the exception of men aged over 65 which fell over that period.
According to the latest available data from the Insolvency Service, women have continued to close the insolvency gender gap too, 49% of individuals entering individual insolvency in 2011 were women, up from just 27% in 2001.




The new childcare commission, set up by David Cameron last month, will officially release a call for evidence and ideas on how to increase childcare provision and cut the cost.
Possible proposals include extending the school day and cutting the red tape imposed on the childcare industry by the last Labour government.




A hard hitting report on 120,000 problem households has revealed that those responsible for antisocial behaviour have a trait of high number of incest and sexual abuse, physical violence and a spiral of alcohol abuse and crime.
The study by Troubled Families boss’ Louise Casey has found that the hopeless families over generation took pregnancies as just happening thing even when their own children have been taken into care.




In the instant case the court decided that section 31 of the Adoption and Children (Scotland) Act 2007 was not compatible with Article 8 of the European Court of Human Rights (ECHR).
The appellant was the mother of the child who was the subject of adoption proceedings. She was opposed to the proposed adoption and refused to give consent. The respondents were the prospective adoptive parents.




The government has launched a campaign Right to Choose’ aimed at creating an awareness among young people that they might not admit that they are at a risk but forced marriages do happen and sitting silently was not the answer.

Early this year the Foreign & Commonwealth Office staff working abroad was called upon to provide assistance in 46 cases of forced marriage of which more than half was involving 19-25 year olds and a third were under 18s. The majority of cases involved females, but there were also 15% male victims.
It is being claimed the summer holidays were the peak time for young people to be taken overseas and forced into a marriage against their will.




The new plans for child maintenance system in Great Britain have been unveiled by the Government. The regulations would strengthen the details which are set out in the Command Paper, along with the Impact Assessment and Equality Impact Assessment would be published on the 19 July 2012 and the consultation period would run from that day until the 26th October 2012.




A consultation is being closed on August 7 on the issue of third party harassment with the Government planning to scrap the protection provided by the Equality Act 2010.

The reforms would result in employers facing claims just after one instance of employee abuse by clients or customers.




Government’s plans to fight sexual exploitation of children in care homes by gangs have been published which has been acted upon the recommendations by the deputy children’s commissioner in a report on the issue of sexual exploitation.




Child abusers who were getting away with crime against the vulnerable children would now face 10 years in prison. The new law would be applicable to abusers of vulnerable adults too.
The new law which would be effective from Monday will see that hitherto abusers who were taking shelter under a legal loophole avoiding prosecution has been closed according to Justice Secretary Kenneth Clarke.




A woman with two children who was entangled in a divorce battle was ordered, nearly two years ago by a district judge overseeing divorce proceedings, to live in a specified address but the same was overruled by the Family Division of the High Court.
For legal reasons the woman was not identified by her name.




In a new initiative the government has come up with a plan to give separating couple ‘divorce app’ to help them through the process of painful separation.
The web based application would provide guidance to the couple on how to divorce without making the whole process a painful affair. The advice would try and see that the couple have an amicable settlement and also suggest on how not to quarrel in front of their children.




Mr Glenford Warner, a retired teacher who lived with his wife under the same roof for more than 30 years got the shock of his life when he received a letter telling him that his wife had divorced him.
He told the London’s Appeal Court that he had not inkling that his wife had split from him especially since she was still staying with him under the same roof.




The report said that similar cases of grooming which happened in the Rochdale, Lancashire, were happening all over the country.
The report stated that the pedophiles most often had more knowledge about the children care homes in their areas than the police because of data protection and human rights rules.




First time a six month pilot at Northamptonshire Magistrates is being set up to try more numbers of successful prosecutions solely to deal in domestic violence cases
The special court would sit every Thursday and is supported by the police and the Crown Prosecution Service (CPS).
Northamptonshire Police said it investigates around 200 high-risk domestic violence cases each month.




These problem families numbering around 120,000 were not taking responsibility of their own lives which was causing chaos resulting in £9billion a year cost to the country.
Communities Secretary Eric Pickles has said that such an attitude be not be tolerated and there would be less understanding for such families and a new initiative by the government would try to bring down the absenteeism levels, end lifelong benefit claims and reduce the need for police call-outs.




The speculation in relation to criminalising forced marriages would be laid to rest when the Prime Minister will announce whether forced marriages should be outlawed.

The announcement is expected any time this week by David Cameron when he would make it clear whether forced marriages would become a criminal offence with a maximum prison sentence of up to five years.




Sir Daniel Bethlehem QC a former legal adviser at the Foreign Office who was the first senior lawyer appointed to the Foreign Office from outside the government legal service in 2006 has said that the legal issues at the heart of the Government were not being addressed effectively as they should have been. He said that the Prime Minister was not having a legal advisor in his immediate circle of advisers.




The definition of domestic abuse says that the victims must be 18 or over meaning people who are under 18 would not be able to access the support or services which were designed to support women in violent relationships such as independent domestic violence advocates, multi agency risk assessment conference and refuge provision.




Home Secretary Theresa May hosted a reception in Number 10 for campaign groups, celebrity supporters and families of missing children where a European hotline for reporting missing and abducted children was launched.

Kate McCann mother of Madeline has hailed the launch of the website as 'lifeline' for families like hers.




Works and Pensions Minister Maria Miller has announced that as of yesterday lone parents would start getting the help they need to look for work earlier rather than staying on benefits.
Those lone parents who are able to work, and are on Income Support whose youngest child is aged five or over will have to shift from Income Support to Jobseeker’s Allowance where they would receive extra help to return to the workplace. Such change earlier was taken when their youngest child was of seven years old.




Hitherto the standard policy for buy to let lenders not to lend on properties until the homeowner had owned it for six months unless the funds were for the original purchase. This criterion was hard to emulate especially for the cash purchasers of auction property and development projects where the six month waiting period caused delays.




Works and Pension Secretary Iain Duncan Smith has said that with the implementation of the reforms the abuse and fraud involved in the benefit system will be curtailed to an extent that would see more than half a million people losing disability benefits.




Under proposed plans to change laws selling video games rated for the over 12’s to younger children could well be punishable by up to six months in prison along with a £5,000 fine.
The government is endorsing the 12 rating enforceable on video games.




The kingpin aged 59 whose name has not been given has been sentenced for up to 19 years.
The nine men received heavy jail sentences at Liverpool crown court, as the judge said they were driven by lust and greed and treated victims as 'worthless'. They have been found guilty of child sexual exploitation and grooming young vulnerable girls in Rochdale.




Peter Bint, 20, has started writing for Limelight, a magazine which was given £5,000 by the fund to help teach job skills to the young and unemployed

Since its launch in 2010, the Dispossesse




An engineer from Huddersfield who has had both his legs amputated due to meningitis was asked how far he could walk when he applied for disability living allowance (DLA)
John Bower, 45, applied fo




Duncan Lewis:Although not many people like to dwell unduly on the subject of death and the hereafter, it is crucially important in the workaday world that we make provision regarding the distribution of our assets and the care of our loved ones before we die, so that our possessions are distributed in accordance with our wishes.




Duncan Lewis:McKenzie friends are supplied through the network of volunteers run by FNF (Families Need Fathers), and the name is derived from the McKenzie vs. McKenzie case in 1970, and has its origins in common law.




Duncan Lewis:You or your spouse may initiate the legal proceedings for divorce as long as you have been married for at least a year. The aim of these proceedings will be to prove through filing a court petition that the marriage has collapsed and is beyond repair.




Duncan Lewis:It is a fact of life that parents can cause their children some mild upset at times, and mutual low-level antagonism is all a part of the process of growing up. But when parents lose control the child can suffer serious harm, and the term ‘abuse’ is used in law to refer to this. The term ‘significant harm’ is cited in the 1989 Children Act in connection with legal boundaries having been overstepped, prompting the need for official intervention by Social Services.




Duncan Lewis:Both employees and employers are increasingly realising the benefits of flexible working; it makes good business sense for employers to assist employees by providing flexible hours and reaping the benefits in terms of increased productivity on the part of a contented employee. As most successful business owners can tell you, a happy company is a productive company.




Duncan Lewis:If your child has been taken abroad and this has been done without you having given your consent, or if you have reason to believe that the child has been abducted, the first step is to contact the local police.

There are three main types of child abduction. Straightforward abduction occurs when the child is taken abroad by one parent without the consent of the other parent, and under UK law this could be a criminal offence. When there has been a trip overseas by both parents with the child and that child has been kept there after the conclusion of the trip, this is referred to as wrongful retention. When there are clear indications that the child is at risk of being taken abroad, this is a case of threat of abduction.

The 1980 Hague Convention was signed by a number of countries and ensures that when a child is abducted by a citizen of one of the member states it will be returned home as quickly as possible, and issues will be decided in the child’s home country courts. Therefore, finding out if the country the child is currently in is a signatory of the 1980 Hague Convention is obviously another first step for the police and yourself. If this is the case then you need to contact the Central Authority for help, as the FCO will only get involved in such cases if asked to by the Central Authority.

It is somewhat more difficult when the country is not a Hague Convention signatory as you will have to get in touch with their internal court system to get your child returned. The Child Abduction Section of the FCO can assist with this.

The Child Abduction Section of the FCO helps in lots of ways with child abduction matters. They are there for general advice, can usually give practical information about travel and custody issues, and can liaise with overseas immigration services to track your child’s arrival in a country and point of entry. The relevant organisations in that country will also be contacted to see what progress has been made, and a visit by the consul will be set up once the child is located.

The FCO is limited in its options if the child has dual nationality, but the Child Abduction Service may still be able to help. However, the FCO cannot stage any rescue attempts, find the child if you have no idea where it has been taken to, interfere in any way with the other country’s legal system or pay for your accommodation, travel or legal costs if you decide to go there yourself.

Reunite is an organization that works closely with the Child Abduction Service and should also be approached for support and assistance. They can provide you with contact details for UK lawyers and family solicitors who can act for you; Duncan Lewis, for example, is frequently involved in this type of case.




The issue of Child Abduction has become an ever more increasing worry for parents and children alike over recent times. As a result England and Wales have entered into numerous agreements to safeguard the rights of the non-abducting parent and the children.




Consumer Credit Directive 2008/48/EC was drafted in March 2010 and incorporated the The New Consumer Credit (EU Directive) Regulations 2010.

It is anticipated that this new directive will effect a change in the amount of consumers getting themselves into trouble with repayments of credit.




In difficult times when you need trusted advice, Duncan Lewis experienced Family Team can provide expert legal assistance. Many of the family team at Duncan Lewis are Family Panel and Children Panel members. This means they are specialists in Family and Child Care law and specialise in the highly specialist areas of family and childcare law.

Family proceedings are sensitive, especially when children are involved. Duncan Lewis actively provides solutions that reduce pressure on those involved. The family team at Duncan Lewis are able to provide confidential and sympathetic advice with regards to your family related legal problems.

Duncan Lewis family team specialise in many areas of family law, including;

Domestic Violence

Duncan Lewis family solicitors place a high priority in helping victims of domestic violence. In times of emergency, we can offer same day appointments and can assist with:

• Contacting groups offering support Injunctions (Non-Molestation Orders)
• Dealing with the occupancy of the family home (Occupation Orders)
• Enforcement
• Powers of Arrest

Divorce & Separation

Duncan Lewis’ family team can guide you through all aspects of your divorce. Our family team can help you with future financial arrangements, dealing with:

• Arrangements for children following a divorce or separation
• Contested divorce proceedings
• Nullity & Judicial Separation
• Uncontested divorce proceedings

Finance and Property

Following a divorce, there are often complex issues that need direct action. Duncan Lewis’ family team are able to help with:
• Adoption
• Child maintenance (both married and unmarried couples)
• Contact & Residence Orders
• Financial matters arising from the dissolution of marriage /nullity or judicial separation (Ancillary Relief)
International issues Private Law
• Parental Responsibility
• Pre-nuptial agreements
Prohibited Steps Orders
• Property disputes for unmarried families
Specific Issues Orders

Duncan Lewis has offices in and around London. All of our offices are listed below:

Duncan Lewis – Clapham Junction
Duncan Lewis – Dalston
Duncan Lewis – Harrow
Duncan Lewis – New Cross
Duncan Lewis – Romford
Duncan Lewis – Shepherds Bush

If you need any family advice, contact Duncan Lewis now.




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, or telephone and ask to speak with the Recruitment Coordinator.




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. Any suggestions for improvement of our service will also be helpful. Thank you for your time.




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. Any suggestions for improvement of our service will also be helpful. Thank you for your time.