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Civil Litigation Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Civil Litigation

Pharmaceutical company Pfizer reject ruling that has fined the drugs giant £84.2 million for overcharging the NHS for an anti-epilepsy drug (20 December 2016)

The Competition and Markets Authority (CMA) fined the company based on findings that the cost of the drug in the UK was significantly higher than in Europe. The government watchdog argued that Pfizer “deliberately exploited the opportunity offered by de-branding to hike up the price for a drug which is relied upon by many thousands of patients” after they sold the UK distribution rights to Flynn Pharma. The CMA attribute a £2 million increase in NHS spending on the anti-epilepsy drug, phenytoin sodium capsules, to the price hike pointing to a 2,600% overnight increase in 2012.  Read more...

Duncan Lewis:Civil Litigation

“My Home is my Castle”: Resolving Disputes with Neighbours (16 December 2016)

It is arguable to this day as to whether the maxim, an Englishman’s home is his castle remains true in a legal context. After all in 1760, William Pitt (the Elder) made a famous declaration of this right: "The poorest man may in his cottage bid defiance to all the force of the Crown. It may be frail, its roof may shake, and the wind may blow through it. The rain may enter. The storms may enter. But the king of England may not enter. All his forces dare not cross the threshold of the ruined tenement." Nevertheless to this day, a homeowner will do everything to protect his or her own home from trespass and nuisance and in that case, William Pit’s statement still rings true. Of course, this article is not mainly focused on the statement made in 1760, but the present time where neighbour disputes are on the rise. Neighbour disputes are often not of high financial value, but it does tend to be one of the most difficult and acrimonious cases to resolve. This tends to be because parties can get entrenched in their position and bring on board an emotional perspective that may affect the ability for the dispute to be resolved effectively.   Read more...

Duncan Lewis:Civil Litigation

Allocation: Which track? (17 November 2016)

The court has a duty to manage cases, in order to deal with the cases effectively, expeditiously and fairly it is necessary to use those powers. Essentially, the court is given the power to take an active part in the management of the case. The courts manage cases by making Orders, which set directions to the parties as to what they have to do and by when.   Read more...

Duncan Lewis:Civil Litigation

Mind the Gap….or to be more precise, Mind the Drafting (7 April 2016)

In this article Duncan Lewis Civil litigation Director Anthony Okumah discusses the importance that legal firms “mind the drafting” when drafting their agreements on behalf of clients who are settling professional disputes.  Read more...

Duncan Lewis:Civil Litigation

Enforcement of freezing order against a third party within the EU (8 March 2016)

In this article Duncan Lewis Litigation Director Anthony Okumah discusses Enforcement of freezing order against a third party within the EU.  Read more...

Duncan Lewis:Civil Litigation

Strike Out Applications – Can Your Claim Stand the Test? (19 January 2016)

A key principle to consider before commencing any litigation is the validity of the claim. If a claim is made that is unmistakably without merit, considered to be a “vexatious or frivolous” claim, the court has powers to cease the proceedings. These claims can be easily defended.  Read more...

Duncan Lewis:Civil Litigation

Frozen Bank Accounts and Suspicion of Money Laundering: Case law Developments (19 January 2016)

Banks are often quick to freeze customer accounts at the first signs of suspected money laundering. What is defined as suspicious is bit of a grey area.  Read more...

Duncan Lewis:Civil Litigation

International Disputes & Jurisdiction: Forum Non Conveniens Revisited (19 January 2016)

Forum non conveniens is where the court decides to stay proceedings on the ground that there is another more suitable forum for the case to be tried. Even in cases where jurisdiction has been founded as of right, i.e. where in this country the defendant has been served with proceedings within the jurisdiction, the defendant may now apply to the court to exercise its discretion to stay proceedings on the ground of   Read more...

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