Grant of Probate / Spadek, Polisa na życie po zmarłym rodzicu – £100,000.00

Z sukcesem uzyskaliśmy odszkodowanie w wysokości £100,000.00 po zmarłym ojcu z tytułu ubezpieczenia na życie jakie posiadał. Zmarły pracował i mieszkał w UK, natomiast dzieci mieszkają w Polsce.

Dzieci, czyli spadkobiercy nie musieli przyjeżdżać do UK. Przeprowadziliśmy całą procedurę związaną z uzyskaniem prawa do dziedziczenia, tzw. Grant of Administration & Grant of Probate. Sprawa nie była łatwa i oczywista, ponieważ okoliczności śmierci spadkodawcy związane były ze spożyciem alkoholu a w takich przypadkach ubezpieczalnie często odmawiają wypłaty odszkodowania. Tym nie mniej udało się wynegocjować odszkodowanie dla dzieci.

W sprawach spadkowych prosimy o kontakt na, 07532457405

Client of my firm invited to present himself to HMP Wandsworth to begin serving sentence of 5 years (imposed in POLAND in 2018!)

It is a rare thing indeed to have a client who pays you to GO TO PRISON. Its not exactly as it seems. In this case a Polish Court had convicted my client for a raid on a lorry of tobacco in Poland. The Polish Court imposed a sentence of 5 years imprisonment but the client found himself in the UK away from the arm of the law. Now, in cases such as these extradition proceedings are brought by the Judicial Authority to return the individual to prison. This is exactly what happened; however, even if one is successful in resisting extradition, one is effectively barred from leaving the UK until the said sentence expires. There is an obvious reason for this. If you are successful in winning your extradition case you are only safe in the UK. The moment you leave the country the UK Court decision does not apply and you can be arrested in any other country. This is the reason people who are successful in their extradition cases seldom travel outside the UK as protection is not afforded to them outside of the country.

In this particular case it was considered that chances of being successful resisting extradition were slim. The client lived in the UK with his family for some time, he was settled in this country and had he been extradited his family would either be separated from him by remaining in the UK or would need to uproot itself and return to Poland for the time of the sentence to be close to him. The lesser evil was to apply to the Polish Judicial Authority for permission to have the sentence transferred to the UK. After this step was successful we then needed to petition HM Prison and Probation Service to accept the transfer.

We started this process in 2019. The application was rejected at first and only after a Judicial Review was launched against the government did they change their decision. Now this was all back in 2019 when it WAS possible to have European sentences transferred to the UK under EU Directive Council Framework Decision 2008/909/JHA. Of course due to Brexit this is no longer possible thus making this article academic in nature!

Eventually after the Office Office had capitulated and agreed to sign a consent order allowing the transfer of the sentence, we withdrew the Judicial Review. We had an agreement from the government, it was mid 2020.

In early 2020 we found ourselves in covid lockdown and many government departments were not operating as before. Despite having the agreement from the government it was apparent that they were not implementing it into practise at that moment. Numerous reminders were sent to the government but the client had still not received his notification to present himself to begin serving his sentence. This was not of great concern as it was highly unlikely of the government backtracking on their decision. Low and behold in March 2022 we received the following letter from HMPPS inviting our client to present himself at HMP Wandsworth to begin serving the 5 year sentence! This was a very long process in which we took the government to Court and succeeded in fulfilling the client’s instructions.

Tractor and Trailer units restored to freight company after 400,000 cigarettes discovered in load

For those who are not aware we have had many success over the years acting for transport companies who have had their vehicles sezied at UK ports due to contraband being discovered by Border Force.

In the most recent case which had only resolved today we have managed to secure the release of a Scania G450 Tractor and a Krone SDP 27 Trailer unit for our client.

The units were seized in November 2021 when 400,000 undeclared cigarettes were discovered in palets amongs a legitimate load. The amount of duty which could have been evaded should the enterprise be successful was over 150,000.00 GBP.

In acting for our client we made representations to the deciding body the NPSU which stands for the National Post Seizure Unit.

Mobile phone use whilst driving – Law changes

Fresh off the press.

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022

In force: 25 March 2022

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078), (“the 1986 Regulations”) prohibit the use, while driving a motor vehicle of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function.

Regulations 3(1)(a), (c) and (d) amend regulation 110 of the 1986 Regulations by widening the scope of the offence to include any use of a mobile telephone or interactive communication device held in the hand whilst driving. These provisions remove the requirement that the driver is using the mobile telephone or interactive communication device to perform an interactive communication function.

Regulation 3(1)(b) amends regulation 110 by inserting an additional exemption to provide that a person is not in contravention of that regulation where the hand-held mobile telephone or interactive communication device is being used to make a contactless payment at a contactless payment terminal, in compliance with the requirements as set out in this instrument.

Regulation 3(2) inserts definitions for the terms “contactless payment” and “an application”.

Transparency Rules Update

We have been asked to provide an update on our website about some of the services we provide.

This firm is VAT registered all legal work will attract VAT, the VAT registrtion number of the firm is present on each invoice generated.

Debt work attracts VAT of 20 percent. Dispersements do not attract VAT. Debt work is carried out by a paralegal under supervision of the principal. In debt work services offered include the pre action stage and the litigation stage. The pre action stage is limited to correspondence and investigation but excludes litigation. The litigation stage as the name suggests includes litigation. Debt recovery is also offered though the Sheriffs Office Transfer Up process.

Motoring law is also subject to VAT as is every legal service offered. Disbursements do not attract VAT unless they are Counsel fees and required by the firm to progress your case – this means that they are the expense of the firm.

Motoring law services offered are representation at Court and at the police station. Appeals, advice, drafting and corresponding with the police/CPS.

Motoring offences generally take less time to deal with than serious criminal offences dealt with by the Crown Court. This is not always the case as if a client is charged with dangerous driving the matter could end up in the Crown Court and if a trial is requested it might take a year to resolve or even longer. A charge of death by dangerous driving would most certainly take over a year to conclude taking into account the investigation stage (pre charge) and post charge. Most summary only motoring matters can be dealt with weeks after charge. Unless the Court hearing the matter has a trial backlog for example. Summary only offences need to be brought within 6 months of the charge. The investigation stage is not time barred unless it is a summary only offence.

The immigration work that we offer consists of representations against deportation, and appeals against deportation orders. We also conduct immigration bail applications. We do not conduct spouse visa applications and no not conduct any asylum work. Disbursements will not attract VAT unless we require the disbursements to progress your case and you cannot order the disbursement yourself such as Counsel’s fees. The VAT amount is 20 percent.

Timescales for immigration work vary widely. We are often at the mercy of the immigration tribunals who as of recently have been backlogged with cases. The last deportation appeal we dealt with (concluded in late December) took 18 months from the date the deportation order was signed to the date of the substantive hearing. Cases dealt with before the COVID-19 pandemic took less time but would generally take one year. Representations against deportation (stage 1) can be drafted by this firm in a short turnaround dependant on other work. The Home Office is not under any obligation to make a decision on the submissions within a specific time scale. Our experience is that it usually takes from 6 months to a year from a decision to be received. We are able to apply for our client to be released on bail if the client is eligible. This means that the client would not need to spend time waiting for a decision in custody (should the bail application be successful).

Koniec drogi dla odwolujacych sie na ‘brak suwerenność polskich sądów’.

Setki osób miało ekstradycję wstrzymana do rozpatrzenia sprawy głównej.
Decyzja w sprawach Woźniak / Chlabicz zapadła w wrześniu – Była to klęska dla polaków. Sąd brytyjski uznał ze nie ma wystarczajacych dowodow na to ze prawa polaków będą pogwałcone w polskich sadach.
Apelacja była złożona do sądu ‘Supreme Court’ i nadal ekstradycja wszystkich osób które mieli odwołania na ENA były zblokowane.
Teraz sąd odrzucił ostateczną próbę zaangażowania sądu Supreme. To oznacza koniec drogi dla setki osób które mieli wstrzymane ekstradycje przez prawie dwa lata.

Zapadł wyrok Westminster Magistrates Court – Ekstradycja Obalona

Sprawa trwała przez prawie sześć miesięcy. Klient został zatrzymany przez policję i doprowadzony do sądu Westminster Magistrates Court na podstawie  Europejskiego Nakazu Aresztowania wydanego przez Władze Polskie. ENA był wystawiony na poczet dwóch kar; jednego roku pozbawienia wolności za kradzież oraz dwuch lat za posiadanie i handel marihuana. Uzyskał zwolnienie warunkowe do sprawy. Argumentowalem; s2, s10, s14 oraz s21/a8.

Wyrok zapadł na koniec września, sędzia uznała ze z względu na upływ czasu od czynów, opieszałości strony polskiej co do wystosowania ENA, stabilne życie w anglii oraz pozytywny charakter – ekstradycja sie nie odbedzie. Klient pozostaje bezpiecznie w anglii.

Client facing extradition allowed to apply for passport

Most everyone arrested on a EAW (European Arrest Warrant) who is granted bail must adhere to strict conditions. A daily electronically monitored curfew and retention of travel documents by the police are standard conditions implemented to ensure that the authorities are aware of the wherabouts of the requested person.

My client is a Polish national and had an aplication under the EU settlement scheme dormant as no valid identity document has been supplied to the Home Office. The Court not only allowed my client to retreive the expired national ID card, but also allowed by client to apply for a fresh passport in order to satisfy the Home Office and receive settled status. Excellent result for my client today.