Duncan Lewis Solicitors

Updates of Legal Affairs…

Police Constable dies in line of duty on the motorway accident.

October 25th, 2011
West Yorkshire Police

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 Pc Mark Goodlad, 41, died on line of duty when he was hit by a lorry on the motorway while helping a woman with a car brake down. He was taken to a hospital by a helicopter but died from his injuries.

The officer fromEast Yorkshirewas married with one child and was working in the force for 10 years. He was a Motorway Patrols Roads Policing officer. A senior officer said that Goodlad was a dedicated officer doing a job fraught with dangers.

A HGV hit him and the police car when he was assisting a 51 year old woman who sustained minor injuries. The 44 year old driver of the lorry was arrested for causing death by dangerous driving.

The Chief Constable of West Yorkshire Police Sir Norman Bettison said people sometimes miss the spirit which lies in policing. The police are always trying to protect the public from crime, disorder and incidents like the one happened in the motorway. The police constable was doing a job in a risky zone which he and his colleagues perform on regular basis he said.

He added that the department was proud of him for the ultimate sacrifice and deeply saddened by his death.

Couple signs each others will by mistake and their adopted son is left fighting court battles against disinherited natural sons

October 25th, 2011
In a weird case of  inheritance  a couple, without the knowledge, signed on each others Wills making the will invalid and the inheritance going to the very people who were disinherited by them.
The first battle for inheritance of £70,000 has gone in favour of the natural sons of the couple who were cut off from the inheritance.
Mr Alfred and Maureen Rawlings adopted unofficially Terry Marley an orphan when he was 15. Mr Marley lived with the couple right through their old age caring for them. In return the Rawlings who had two natural sons, decided to leave everything to Mr Marley and prepared separate Will leaving everything to the next surviving partner and in the event of the death of surviving partner the beneficiary would be their adopted son.
Legal Executive

Legal Executive

The actual shock came when both the Rawlings died in a span of three years and to everyone’s dismay found that the couple had signed each others wills by mistake. The wills were very much similar.
The mistake was blamed on to their solicitors.
Both the wills were invalidated by the court and the judge said that he was helpless as per the law in the absence of a validwill  the beneficiaries would automatically be the natural sons.
Mr Marley 50, after losing the case against the natural sons has preferred appeal in the High Court. His lawyers argued that the couple wished to make Marley their heir and the court should allow their wish. The lawyer argued that the couple’s intentions in making their wills were very clear and beyond any doubt. As there was no fraud involved the couples intentions should be taken as the supreme concern.
The lawyer for the natural sons argued that the wills were not signed by the respective benefactors hence he died intestate. He said the formalities for making wills are laid down since long and they have to be followed. At times some defects do defeat the deceased’s testamentary wishes but law should prevail, the lawyers said. They added that the court had no jurisdiction to undo the wrong of the couple.
The judge Justice Proudman said though she regretted it she could not repair the mistake.
Judgement by the Appeals Court is listed to a later date.
Duncan Lewis  provides with a considerate and discreet service and could help in providing expert advice on various issues including drafting of Will. In absence of a pre-emptive resolution a court action is required; the team at Duncan Lewis  is well experienced to take claims to all courts and tribunals


Fearing her children being taken away from her a mother suffocates her kids to death

October 21st, 2011
Location of Cumbria, UK. Traced by user:Heron ...

Location of Cumbria

Lianne Smith 44, a British mother and a former manager in the Cumbria county council’s children services department had admittedly killed her children daughter Rebecca five and eleven months old son Daniel by suffocating them with plastic bags at Spanish resort on 17th May 2010.
She supposedly was under fear that her children were going to be taken away by the British Social services as her partner Martin Smith was arrested in Barcelona over charges of sex against children in the UK.
The prosecution is trying for maximum of 38 years in prison for Smith on two counts of premeditated murder.
The defence is seeking acquittal on the grounds of mental illness and action committed under extreme stress. The case as it stands will depend on whether the jury believes that Smith was mentally ill at the time of committing the crime which would clear her of the murder charges.
If Smith is found to be mentally ill then she would be sent to a secure psychiatry center and would be released without any charges once the doctors say that she has been cured of her illness.
Smith had told a reporter she had killed the kids to protect them from social services after the arrest of her partner. 
Her partner Martin Smith who was a fugitive was charged for 13 sexual offences and failing to answer police bail. He was on the run since 2007 and was arrested at Barcelona and extradited. The Liverpool Crown Court had sentenced him to 16 years in prison for 11 counts of rape, attempted rape, and indecency with child and indecent assault.
Lianne Smith is under watch at a psychiatric unit near Barcelona. Two state doctors who earlier interviewed her said that they do not find any known mental illness in her but her case was complicated they said.
Mental Health Law is highly specialised area and requires quality counseling for improving the life of families who are affected by this law. Duncan Lewis has operated a successful department for several years and the largest provider of mental health legal aid services in the UK. Duncan Lewis has experts with immense knowledge in this area.

A energy summit for steps to control inflated energy bills

October 17th, 2011

A energy summit for steps to control inflated energy bills

In a major concern the normal families are seen paying more than £300 extra in energy bills compared to the previous year. The acute price rise has caused the inflated bills spent on energy.

The government has called for an energy summit with six big energy providers as the average UK bill has risen by £300 a year.

To tackle the emerging situation the energy secretary Mr. Chris Huhne and Prime Minister David Cameron are coming out with measures to arrest the price rise. They jointly are seeking the support of consumers on reducing their energy bills from Monday.

In a joint effort the Industry, consumers and Ofgem are being brought on one platform which would concentrate on ways to control the rising bills especially when they were already burdened with the rising costs of petroleum products. The focus would be to present a simple market energy the duo wrote.

The summit to be chaired by the energy secretary is proposing two steps by consumers to control their energy bills. One is writing to the consumers on free home insulation and second making direct debit payments which would save in overall £200 a year.

Mr. Huhne cited Ofgem having found how people were not choosing the best energy prices which would save a lot on the bills. He said that there was some unethical practices involved which needs to be looked into. He made the energy companies responsible for the price rise.

The energy secretary is doing his best to seek alternative means of energy like moving towards renewable energy sources.

The critics say that the coalition was not able to control the rising prices and handle the energy conglomerates that controlled the pricing. They fear that if the issue was not tackled in the summit than a chilly and expensive winter is in the offing for all.