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.

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.

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”.

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).

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.

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.

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.

My client avoids prison despite being over the limit 4 times. He blew 141mg and had an accident. He does not get off scott free though and will be off the roads for 32 months. Dont drink and drive!

As part of our commitment to provide you with the best possible service we have implemented the Solicitors Regulation Authority mandatory new transparency rules in 2019. In practice this means that we have provided clear set prices on our website relating to motoring offences and immigration matters.

As we are now able to offer representation in new areas of law we are taking this opportunity to set out our fees. Generally, during consultation with the client we tend to estimate the amount of work and usually are able to proposed a fixed fee for any required service. The hourly rate for a solicitor with 10+ years of post qualification experience is 300 GBP per hour. The hourly rate for a caseworker is 150 GBP per hour. However, we understand though experience that our clients would much rather receive a proposed fixed fee quote which would set out exactly the work that would be covered. This is preferable as the client does not need to be concerned about fees which are ever increasing. In a fixed fee situation we would not charge for additional telephone calls / emails or consultations.

Probate – Usually can be funded by way of DBA/CFA 15-20 percent

Debt Recovery – Pre Action stage is usually 750-1500 GBP without any DBA/CFA which means that the client keeps all funds recovered. If pre action is unsuccessful, Court fees are payable and also fixed fees based on each step of litigation. For a small track matter, issuing fees for drafting particulars of claim will usually be 1500 GBP. A Defence in a small track matter will also usually be 1500 GBP. Court attendances will be from 500 to 2000 for a day depending on if the matter is listed for trial or directions etc. Matters in the fast track are more expensive and a estimate will need to be obtained in each case. The same relates to multi-track matters.

Updated information (26.05.22):

DEBT WORK

If your matter is more complex the above fixed fees will not apply and we will be able to offer you services based on an hourly rate.

Mr Goscimski who is 10 years PQE has a rate of 300 GBP per hour. The hourly rate for a caseworker is 150 GBP per hour.

Disbursements in debt recovery will be Court fees which are dependant on the amount of the debt. We are often also required to have translations ordered of documents which are not in English. We do not conduct translation work ourselves. Our recommended external translator charges from 10 GBP for a short document to hundreds of pounds if you require multiple pages.

Enforcement of Judgement carries with it fees payable to the Sheriffs office which are: 75 GBP plus VAT

Court fees for Writ of Control are an additional Disbursement and cost 71 GBP.

Timescales are as follows. We are usually able to send out a letter before action within 7 days of taking full instructions CPR rules specify that 14 days needs to pass before litigation begins.

Litigation time scales are beyond our control and dependant on the Courts. From experience a small track matter can take one year to progress to trial. Fast track and Multi track matters can take well over a year.

PROBATE WORK

As specified above Probate Work can usually be funded by way of DBA/CFA 15-20 percent. VAT is payable on this amount.

This means that in most cases no fixed fees or hourly rates are charged. Mr Goscimski has 10+ years PQE, he is assisted by caseworkers.

Disbursements

– Probate Court fee £ 155.00
• Sealed copies of the Grant – 50p per copy
• Bankruptcy search (per person) £2.00
• Fee to swear the Oath per executor £5.00
• Statutory notice (approx. per notice) £200.00

Time scales for probate: It is unrealistic to provide a time scale for a probate matter as it is dependant on the individual circumstances and also on the Court, wether there is a will or not and where the assets are based.

motoring offence work

This work is conducted in the magistrates Court. Mr Goscimski has 10 years PQE. If Mr Goscimski is unavailable to deal with your matter personally a barrister or solicitor-advocate of suitable call will be instructed.

Disbursements for motoring offences work can be expert reports. These reports can range from BAC calculations to psychological reports required for cases such as failing to provide a sample. Fees are from external providers and can range from 500 GBP to 1500 GBP plus VAT.

VAT is charged on fees for motoring offence work. VAT may also be charged on Disbursements depending on if the expert is VAT registered or not.

Key stages are as follows:

1. Investigation stage (pre charge) – You may be arrested and interviewed about a motoring offence. You may be released under investigation pending the prosecution considering charges. The investigation stage can take months.
2. Charge. When you are charged you must attend Court or you may plead guilty using an online system if the charge is low level such as speeding or no insurance. In other instances you will be required to attend Court. If you plead guilty at Court the matter may be resolved on the day if a sentence can be imposed. The Court may require a PSR if the matter is more serious. If you plead not guilty the Court will need to set a trial date as well as directions. In London you will generally have to wait a few months for a trial date.
3. Court attendance. 1st Court attendance will be a few weeks from date of charge. Trial will be as above.
4. Sentence. If you plead guilty or lose your trial you will need to be sentenced. Sentence takes place at the end of the matter.
   A fixed fee will be for a specicif stage. Most often a fixed fee will be charged for the 1st appearance at Court and a subsequent fee will be charged for a trial. Fees for 1st attendance will be from 1000 GBP to 1500 GBP depending on the complexity of the case. Fees for trials will be from 3000 to 5000 GBP in the magistrates Court again depending on the complexity / charges.
   
   immigration work – This work is carried out my Mr Goscimski who is 10 years PQE. It is rare to have disbursements in immigration cases (deportation). Psychiatric evaluations may be required in certain cases, they range in price from 1000 to 3000 GBP depending on the level of expert that is sought. STAGES for deportation cases are as follows: STAGE 1: – One stop notice. This is when a prison receives correspondence from the Home Office advising them that they are considering making a deportation order against them. When this letter is received representations may be prepared and sent on behalf of the client. The Home Office will then need to consider the representations and attached documents. This may take months. STAGE 2: The Home Office will either confirm that they do not intend to make a deportation order or they will make such an order. If a deportation order is made an appeal can be lodged in the Immigration Tribunal. It may take upwards of one year to have a deportation order listed for hearing. After he hearing the Tribunal is under no obligation to provide a judgement swiftly. A client may need to wait months to receive a judgement in a case. This is unfortunate however there is no legislation in place to limit the amount of time which passes after the hearing to receive judgement.

Dla tych co siedzą w zakładach karnych w UK i nie mają dostępu do telefonów komórkowych oraz dokumentow aplikacja o EU settled status nie była możliwa do tej pory.

Wczoraj Home Office udostępnił na stronie internetowej papierowa formę która może być wypełniona przez osoby co nie maja dostepu do telefonow lub sa bez aktualnych dokumentow tożsamości.

Dwa tygodnie zostało więc nie ma na co czekać!

https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email