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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

Court’s powers to strike out a claim – how to ensure your case resists the strike out test? (7 May 2019)

The court has the power to strike out a party’s statements of case (or any part of it) through its case management powers under CPR 3.4. This can happen when the statement of case does not disclose “reasonable grounds for bringing the claim”. The court can exercise this power upon a party's application or on its own initiative.   Read more...

Duncan Lewis:Civil Litigation

Will Brexit Frustrate Your Lease? (15 March 2019)

The United Kingdom has long accommodated the headquarters of many companies, government agencies and organisations; in light of the bold Brexit vote, many now seek to relocate to EU states. The case of Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 (Ch) has dealt with the prominent issue of whether a lease can be frustrated as a result of Brexit.   Read more...

Duncan Lewis:Civil Litigation

Brexit - A help or hindrance? Our take on Civil Litigation Post-Brexit (B-Day) (8 February 2019)

There has been much speculation as to what will happen post Brexit. Will companies have to pay largely inflated prices in order to trade with European Union (‘EU’) companies? Will the financial markets crash? Will it even be worth trading with EU member states after March 29th (‘B-Day’)?   Read more...

Duncan Lewis:Civil Litigation

Banking Litigation – Pursuing a Claim in England against a Foreign Bank (11 December 2018)

Do you want to sue a bank based abroad by bringing a claim in England? Are you worried that you will not get access to justice in a foreign jurisdiction? Such questions may raise an eyebrow or be perceived as remarkable to some, but these sentiments resonate through justice systems in multiple parts of the world. Independence of the judiciary is a salient feature in our law of jurisprudence and ought to be in any developed constitution.   Read more...

Duncan Lewis:Civil Litigation

The difference between the County Courts and the Immigration Tribunal - One strike and you’re out! (9 May 2018)

Immigration solicitors, especially those dealing with unlawful detention and civil penalty claims, are finding that their clients’ cases are being heard in the County Court. A shock awaits those who have become used to the flexibility of the Tribunal, and assume that the same rules apply in the County Court.   Read more...

Duncan Lewis:Civil Litigation

International disputes & Jurisdiction: Forum Non Conveniens Revisited (14 February 2018)

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 then apply to the court to exercise its discretion to stay proceedings on the ground of forum non conveniens.   Read more...

Duncan Lewis:Civil Litigation

The New Debt Recovery Protocol (14 February 2018)

The new debt recovery protocol came into force on 1 October 2017 and applies to any business claiming a debt from an individual. It will not apply to business-to-business debts unless the debtor is a sole trader. Neither will it apply if another protocol applies to the debt, for example the construction and engineering protocol.  Read more...

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