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More Instructions for Lewis Nedas

More high-profile instructions have come into the office this week:

LNL instructed by Kuwaiti company to recover monies defrauded from them.

Jasbir Kaur is acting for a Kuwaiti company who have found themselves the victim of fraud and have been defrauded of a substantial sum by individuals based in UK. There are a number of civil legal remedies available which are currently being pursued upon their behalf.

LNL instructed to represent an individual currently under investigation by the SFO as a result of the collapse of the Property Company ARKK LLP.

Siobhain Egan is dealing.

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Construction Dispute Success

Jasbir Kaur was recently instructed to advise a well established company, who is the main contractor for large scale design & build construction projects. The company are currently building a million pound warehouse facility for an international, leading maker of cancer treatment & medical equipment.

After a dispute having arisen with a sub-contractor, which caused severe delay to the completion of works & consequential losses, our client wished to immediately terminate their agreement with this particular sub-contractor without any cost consequence or damage to their prestigious reputation.

Following the instruction of Miss Kaur of LNL to advise our client and facilitate negotiation between both parties, a mutual agreement was reached after two weeks of mediation, wherein the sub-contractor conceded to both parties terminating their agreement on a "drop hand," basis with no consequences as to liability and costs for our client.

Our client is naturally happy and relieved at this outcome as they are now able to continue with this prestigious £1.5 million pound project.

We at LNL are able to assist clients whom wish to utilise various means of alternative dispute resolution during any stage of a dispute.

If your company or you are involved in a dispute with a supplier or sub-contractor, contact Jeffrey Lewis or Jasbir Kaur of LNL to assist.

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Another Instruction for LNL Computer Crime Specialists

Miles Herman has been instructed by an individual facing serious complex allegations relating to computer interception and hacking. This is a major investigation by the E-Crime unit of the Metropolitan Police.

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More Criminal Defence Success for LNL & Unan Choudhury

Yet another example of our successful, pro-active approach to criminal defence. Unan Choudhury represented an individual stopped when driving a car in the early hours of the morning. Police found a substantial amount of cocaine hidden behind the panel near the driver’s seat, together with a substantial amount of cash and two mobile phones.

After raising a robust legal argument the Judge directed that the client be acquitted.

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Criminal records checks – and old convictions

The Home Office has started work on changing the law to make sure certain old and minor cautions and convictions will no longer be disclosed on the certificates issued after criminal records checks.

The move follows a Court of Appeal ruling earlier this year, which stated that the disclosure of all cautions and convictions on a DBS (Disclosure and Barring Service) Certificate, previously known as a CRB (Criminal Records Bureau) certificate, was incompatible with Article 8 of the Convention for Human Rights.

Current position

At the moment, the criminal record checking service allows employers to access the criminal record history of people working, or seeking to work in certain positions. This includes roles such as doctors, dentists, lawyers and accountants - and people applying for jobs in which they would have contact with children and vulnerable adults.

However, concerns have been expressed over the extent of the checks, and the fact that they highlight certain old and minor convictions and cautions that may actually no longer be relevant.


The issue came to the fore at the end of January this year, when the Court of Appeal ruled that the automatic disclosure of all convictions and cautions on CRB checks, regardless of their relevance to the job in question, is disproportionate – and therefore incompatible with the right to private life under article 8 of the Human Rights Act.

The case in question was that of “T”. It concerned a 21-year-old man who received warnings from Manchester Police when he was 11-years-old in connection with two stolen bikes. This information was disclosed on two occasions; when he applied for a part-time job at a local football club at the age of 17 and later when he applied for a University course in sports studies.

Court ruling

The Court found that the relevance of a conviction or caution to a particular job application depended on a number of factors including seriousness of the offence; age at time of the offence; sentence or otherwise imposed; time since offence committed; whether the individual has reoffended; and the nature of the job applied for.

The Court ruled that the disclosure system had the potential to interfere with privacy rights because “as a conviction recedes into the past, it becomes part of the individual’s private life” and “the administering of a caution is part of an individual’s private life from the outset”.

According to Corinna Ferguson, Legal Officer for human rights group Liberty, the ruling was sensible, requiring “the Government to introduce a more nuanced system for disclosing this type of sensitive personal data to employers.”


Since then the Government has been working to develop a set of filtering rules that would remove certain old and minor convictions and cautions from a DBS certificate.

The filtering rules which are now before Parliament for consideration are:

  • An adult conviction will be removed from a criminal record certificate if,
    • 11 years have elapsed since the date of conviction
    • it is the person’s only offence
    • it did not result in a custodial sentence, and
    • it does not appear on the list of specified offences.
    • If a person has more than one offence, then details of all their convictions will always be included.
  • An adult caution will be removed after 6 years have elapsed since the date of the caution - and if it does not appear on the list of specified offences.
  • For those under 18 at the time of the offence, a conviction received as a young person would become eligible for filtering after 5.5 years - unless it is on the list of specified offences, a custodial sentence was received or the individual has more than one conviction.
  • A caution administered to a young person will not be disclosed if 2 years have elapsed since the date of issue - but only if it does not appear on the list of specified offences

The changes will not come into force until after the legislation has completed its passage through Parliament.

Contact our Criminal Lawyers in London

For specialist legal advice and criminal defence in the UK, please contact Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.

This blog is provided as a news item only. No connection between LNL and the parties involved is intended or implied

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