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...
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...
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...
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...