Monday, 26 December 2011
Sunday, 18 December 2011
Interestingly, Texas has just decided to emulate us with a loser pays costs reform so as to seek to prevent unmeritorious actions being brought. How long before deadeye Jackson descends on Dallas ?
Wednesday, 14 December 2011
Lord Neuberger MR who is surely going to run the Supreme Court next year.If there is any justice Rix LJ should be elevated. Laws LJ is in the frame too.
Sir Rupert Jackson is destined for the highest court too but i wonder if he will stay in the Court of appeal for awhile to ensure that his reforms bed down.
Stuart Mackechnie has achieved all that i predicted and more , winning pi barrister of the year last month.He will continue to roar ahead. I note that he was the one barrister in the country asked to advise on updating the law society pi panel criteria.
He is now joined at 9 Gough by Simon Butler, the tort supremo, and a real candidate for pi barrister of the year 2012.
Ben Posford is my top tip for claimant injury solicitor 2012. He is universally admired.
His Honour Judge Simon Brown QC ensured that the Birmingham costs pilot worked and is plainly worthy of the High Court bench.
Dr Mark Friston is the leading costs junior and was praised by the Court of Appeal only yesterday.He has several big cases coming up.
Sean Jones is the cleverest employment counsel i have ever met and ought to be a silk in a few months.
His clerk , Lucy Barbet, has had a great year with 11 KBW winning employment set of the year (again ). Mike Goodridge at 9 Gough Square achieved pi set of the year . Matthew Gibbons at Deans Court , Manchester, is one to watch.
Monday, 12 December 2011
Thursday, 8 December 2011
We have an 11 month wait for the same court to consider privilege in the Prudential appeal.
Wednesday, 7 December 2011
Sunday, 4 December 2011
Ben Posford, the injury genius, invited me to the Headway awards on friday and that too was packed out.He becomes a father on december 12th , a good day for a birthday !
Saturday, 26 November 2011
Stuart McKechnie won the prestigious barrister of the year award , open to all in England and Wales (QCs included).It was a joy to see one so talented and modest succeed . His amazing wife , Lou, was there to see his moment of glory .
Andrew Twambley was a superb chairman and it was lovely to see legends like Geraldine,Hilary and Nick Bevan appear.
There are always surreal moments and this year it was the goody bag which consisted of mints and a screen scraper. What could have been wilder ? A kipper yoghourt and map of Scunthorpe was the best I could conjure up.
Tuesday, 15 November 2011
Lord Phillips was the boss and one could tell. Elegant and with a MacBook whilst the remaining 6 scribbled furiously.
It ends on thursday.
i spent a lively 45 minutes arguing referral fees for a Lexis broadcast in the afternoon .
Saturday, 12 November 2011
The respected insurer, Admiral , has seen its share price halved as a result of concerns over claims and the end of referrral fees.If you are interested in referral fees then do watch the free New Law Journal webcast on monday at 2pm.
Tuesday, 8 November 2011
Sunday, 6 November 2011
Thursday, 3 November 2011
You will not believe it but it was the Ministry of Justice.A one off .
Lloyds has announced that it had secured him a place in a medical facility where he would have no contact with bank.Isnt that grand ? I wonder if the 45,000 people who have lost their jobs with the bank in the last 3 years were treated similarly?
Last week i saw a great friend who is a solicitor running a healthy practice. Last year was dire because his bank (Lloyds ) reduced his overdraft by 75% at a stroke . Perhaps when he recovers the head of Lloyds will reflect that others will have suffered as he has done because of bank policy.What goes around ....
Wednesday, 2 November 2011
If you were taking someone on for £6,000 would you take out a full quarter page ad (IN COLOUR ) in 'The Guardian ' (today at page 41) and hire recruitment consultants at Lord knows what expense to deal with their appointment ? And they say lawyers are wasteful.
I hope that i will have calmed down by the time i take my rollers out and head off to the birthday party of the year; happy 90th to Thompsons.
Tuesday, 1 November 2011
Thanks to Ruth Graham (the Burnley bombshell who once appeared on page 3 in the Sun ) for sending me the transcript.
Saturday, 29 October 2011
Two top tips to keep you going .
1. Buy 6 at Sainsburys and get 25% off. Their own label Blanc de Noir champagne is superb and comes down to about £12, less than half the price you would pay in France for anything similar. Their own label wines are great value; try the Pinot Noir for £4.
2. The best value in a red bottle today is the Waitrose 2010 French Chasseur at £4-35.It is delicious and would be a brilliant buy for a party . It is more elegant than many costing north of £10.
Friday, 28 October 2011
There were 2 frustrating aspects to the evening . Every 2 minutes a flunky would utter a shhh that was louder than the happy murmurs he sought to suppress .
Jacob Levy , seemingly nominated for more awards than anyone ever , walked away empty handed and I had to spend my evening consoling him.Whilst it was a tad ambitious for his keen clerk to enter him for most glamorous female barrister ( under 30) award I did leave feeling that he had been robbed.
I had the benefit of sitting with Paul Reason who is the best company . Thanks to Mike at 9 Gough who has had a cracking year and we still Have the pi awards yet to come .
Saturday, 22 October 2011
It is now apparent that the Supreme Court has a significant backlog of cases and PLC reports that the Prudential appeal on the issue of privilege may not be dealt with for a year.It strikes me that a litigant is just as badly off awaiting a hearing as they would be if awaiting a judgment.
The solution is to keep the bench to 5 and let them crack on with their work. On a a salary of £206,857 each when last i checked it is not unreasonable to expect a bit of decent case management too.
It was decent of Chambers , who canvassed my views earlier this year , to send me details of the hot 500.
I have just been honoured with membership of the Legal Week awards committee; they are so thorough.
Finally , on november 24th it is the personal injury awards , the judging being chaired in magisterial fashion by Andrew Twambley .What a man.
Tuesday, 18 October 2011
Monday, 10 October 2011
Sunday, 9 October 2011
Friday, 7 October 2011
Thursday, 6 October 2011
Wednesday, 5 October 2011
Friday, 30 September 2011
Sunday, 25 September 2011
All interested in costs are welcome; you need not be a member of the ACL.The event is at Holborn Bars close to Chancery Lane.
Thursday, 22 September 2011
I do have some days free from November 17th to visit your firm or company to present a comprehensive update on Jackson/ costs / and or Part 36 .
Whilst well-intentioned there are tremendous traps and I seek to identify these in my talk . I would be staggered if you did not pick up at least one if not a dozen valuable tips .advert over - my e-mail is firstname.lastname@example.org. Thank you.
Wednesday, 21 September 2011
Lord Justice Jackson has spoken out against the removal of legal aid in clinical negligence work.It has never been a proposal of his but some , wrongly, blame him for this ludicrous idea.
Monday, 12 September 2011
The Commercial Court is now wading in with a series of cases listed for directions onSeptember 22nd dealing with the same point.
Friday, 9 September 2011
I have chaired every single programme in the series since inception 4 years ago . I thought this was as good as it gets .
Thursday, 8 September 2011
Tuesday, 6 September 2011
Monday, 5 September 2011
So it is to be a saturday day trip to Paris on the Eurostar for lunch in december. i have officially cleared it for Bribery Act purposes as one must.What a fine way to look after clients.
Today , the Jackson bill is back before Parliament and the Alistair Kinley CJC committee is knucking down to help Sir Rupert with fine -tuning for implementsation in October next year.
HH Michael Cook has kindly sent me his new Part 36 chapter to read for Cook on Costs will be out in less than 3 months.
My massive disappointment with disappearing webinar speakers , booked long ago , and then not appearing has caused me grief but we are back on thursday with the most watched series in the country.
I was honoured to go to lunch on friday with birthday boy Stuart MacKechnie ,injury maven , at Le Caprice in London . When we arrived it transpired that Paul Stanton of Halsalls had been inearlier and had left the cost of a good drink behind the bar.A great man.
The other great man is John Griffiths , the new Chippendale of Bath.I was going to say for those unfamiliar with the term that he is big with wood but i fear that might add to the confusion.Anyway, he has moved me into a lovely apartment .The view is spoiled by a big set of council terraced houses called the Royal Crescent .My petition to have them demolished will see them off.Back to law.
Sunday, 14 August 2011
Saturday, 13 August 2011
Friday, 12 August 2011
Monday, 8 August 2011
Friday, 29 July 2011
The Liverpool Law Society employment conference is on october 12 .
My own talks are presented by MBL in London,Leeds and Manchester.
Thursday, 28 July 2011
The claimant nurse was hit by a lorry driven by a drunk.She had to give up work as a result.Thanks to Tom Jones of Thompsons whose firm acted in this matter.
The Judge was MacDuff J. , a consummate operator .Despite raging toothache he ploughed on and offered to return to finish the appeal after his hour at the dentist.He case managed with his opening words, giving each side an hour to put their submissions.
The appellant was represented by Adam Rosenthal of Falcon Chambers. He will take silk sooner rather than later.Exquisite preparation and presentation.
It was sad to see massive lever arch bundles of documents.My bundle expert estimated that one file (and there were several ) ran to 900 pages. The sooner these are committted to disc the better.
Wednesday, 27 July 2011
Saturday, 23 July 2011
Friday, 22 July 2011
The graphic reproduced by Neil Rose was reminiscent of Boo.com which crashed horribly .
Thursday, 21 July 2011
On thursday it hears oral argument on whether to entertain the Nuclear Test veteran appeals.
Baroness Hale gave my eldest boy ,Nico ,his degree at Bristol today.She is tiny.What did become of the Krankies ?
There was much excitement at the Crown Office Row party last night.The Ayala Champagne helped ( the house has been quietly acquired by Bollinger ) as did the strong rumour that a member of Chambers has been asked to be counsel to the Murdoch enquiry.Two years work for someone there.
Monday, 18 July 2011
My thanks to RPC for telling me about this case.
Wednesday, 13 July 2011
My thanks to Marie-Therese G at Lexis for grabbing me the transcript of SHOVELAR V LANE 12th July . The parties spent £320,000 arguing over £134,000. It was held just to be just to give the claimant Part 36 rewards too. Better to mediate than to litigate said Ward LJ.
An amended Part 36 is being rushed in and will kill CARVER with effect from this October .
I also met for the first time the abstemious Clare McMahon,my Tolleys Employment handbook editor.
The saintly Jan Miller has agreed that we can do a free webcast on the Jackson Bill and that should be broadcast later this month.
My personal highlight was a long ,funny chat with Michael Kershaw QC , the loveliest man one could ever meet.He won for the claimant in the House of Lords in Rigby v Ferodo, all about unilateral pay cuts,and was a brilliant Mercantile Judge in Manchester.So modest,so wonderful.
I understand that Lord Justice Jackson is troubled too and may yet advise against this terrible move.For the avoidance of doubt that is not something he has told me ,directly or indirectly.He has a great sense of justice and it would be no surprise were he to speak out.
Tuesday, 12 July 2011
Monday, 11 July 2011
Friday, 8 July 2011
Perhaps there will be an undignified fight to lure him away.What he earns for his firm is eye-watering.
Thursday, 7 July 2011
The costs counsel cabal of Jeremy Morgan QC and Judith Ayling were there as was also insurance litigator Ben Williams and I had lovely chats with all of them .
Camilla Church is a major new personal injury talent at 39. Mark my words ,she
is destined for great things .
Guests included Jef Mitchell of the MOD who knows more law than anyone I can think of .
September 15th will see the first of a series of big announcements about employment law reform.
The audience were also great fun and Prof Ian Smith was on the greatest form too.A happy event.
Tuesday, 5 July 2011
May I recommend the one I follow religiously and that is the one written by Chris Dale whom I got to know after The Times asked me to interview him last year.He is a solicitor who understands technology and is the maven of e-disclosure . He writes with a rare passion.
Monday, 4 July 2011
I recently had to help a high flying executive with several high powered posts to get her head round employment law.This would have been invaluable.
Sunday, 3 July 2011
Thursday, 30 June 2011
Wednesday, 29 June 2011
The Panorama programme is to be broadcast on July 18th -thank you Tony Learmonth,the oracle,for that.
Axa ,according to page I of the Times today,has decided to abandon referral fees.
The portal ,demanded by insurers ,is a year old.Why aren't premiums now falling?
Tuesday, 28 June 2011
Monday, 27 June 2011
Panorama has recorded a programme about how much insurance companies are making from them and Jack Straw is now campaigning to ban them,something he could have done when he was Lord Chancellor .
The outcry over rising car insurance premiums could have one horrific impact upon claimants.The whiplash industry would be eradicated were the small claims limit to rise to £3,000 or even £5,000.
Sunday, 26 June 2011
Wednesday, 22 June 2011
My thanks to Andrew C. Lawson of St Johns Buildings for the tip.
I also had the benefit of a long chat with Matt Gibbons of Dean s Court Chambers, an astute and charming man.
I also bumped into Paul Carroll on the way to the event, a loyal follower of many years.Top man.
Where though is one -way costs shifting,the 10% damages uplift and the demise of Lownds? The ever -vigilant Angela Hanmore spotted the gaps at once.
Damages could be increased by judicial diktat but i cannot how the other reforms can happen without clear legislation.I shall make enquiries.
Friday, 17 June 2011
Wednesday, 15 June 2011
Writing for the NLJ is a pleasure for the editor is brilliant and supportive.
Tuesday, 14 June 2011
I spluttered when i read that the Co-op are looking to enter the market.On the basis of my last dealings with them i would trust them no more than i could throw them.
Also ,some solicitors are going to set up stands in W H Smith.Their shops are dreadful and overpriced.How can Waitrose sell crisps for 60 p when they charge 90p for the same product? Who would associate them and those on their premises with value??
Saturday, 11 June 2011
Thursday, 9 June 2011
She has been suspended on full pay since, pending an inquiry into what happened.Why on earth should it take 6 months and continuing? Any competent employer would have dealt with this in a fortnight.She will have trousered over £50,000 to date.A disgrace.
The Jackson Bill will be published this month.The Government are determined to remove legal aid from all clinical negligence claims , as controversial a reform as could be.
Saturday, 4 June 2011
1.A firm of claimant injury solicitors 10 miles from Manchester is being watched by the SRA.Word has reached it that they are not paying bills.They owe their costs draftsman over £100,000.If proceedings are issued i understand the SRA will wander north.
2.One of the biggest sets of Chambers in London has a modest problem with the bank.Well, i regard a £3,000,000 overdraft as modest.Each member has been made to cough up a sum not unadjacent to £40,000 to pacify those rapacious bastards (aka bankers).
Wednesday, 1 June 2011
Sunday, 29 May 2011
Much more seriously,James Allen QC, a Deputy |High Court |Judge,was found guilty this week of beating up his wife despite her changing her story and claiming she had attacked herself.She is a barrister and Coroner.Subject to an appeal, i assume the next step will be prosecution for perjury and /or conspiring to pervert the course of justice.
Wednesday, 25 May 2011
I would suggest that fixed costs only apply.We shall see.Thanks to Robin Dunne of Keelys for the tip off.
Sunday, 22 May 2011
He is a clever man ;see his 3 volumes on the hundreds year war.However,i feel immense pity for those who have slogged their way up the pole.
Lord Justice Rix is decent,clever and produces superb decisions ( Carver was an off day).He truly deserves to be at the top .
The Supreme Court is going to wait for Mr Sumption to finish a case for a Russian plutocrat before he takes up his post.
Friday, 20 May 2011
I would not want anyone to think that Sir Rupert is just interested in law reform.At the Court of Appeal Christmas party he introduced me to the oeuvre of Aloe Blacc.Altogether now
"Clap your hands everybody,
Everybody just clap your hands,
Come on y'all......".Wondrous.'I need a dollar '.
Thursday, 19 May 2011
Vickie Cargill, female costs supremo at BLM Manchester, tells me that the SCCO is going to hear an appeal on the big issue of the moment,the right to interest on costs.Look out for Bridle v Ikhlas.
As to who will succeed him i think Costs Judge Saker would be a great choice.
Wednesday, 18 May 2011
Sunday, 15 May 2011
The SCCO decision was about preliminary issues and ,uniquely,involved 5 silks and a junior.
It was found ,applying what struck me as advanced nuclear physics,that the appropriate success fee for counsel and solicitors was 58%.I could have told them that had they asked me.The risk assessment called the case "fabulously complex".
You might be surprised to learn as was i that the Clerkenwell hourly rate does not include the cost of armed bodyguards (para.393).
Please do not mention this case to Sir Rupert Jackson;i fear the pooor man would implode.
Nerd alert-there is a typo at para .196 where the date should be october 30th(obviously).
Bring on the detailed assessment.
Friday, 13 May 2011
In the audience was Pete Mitchell who has set up his own disease practice .An able and astute practitioner,he has the benefit of assistance from the genius that is Cliff Poole who was incredibly kind to me as a trainee and is the best dressed male lawyer in the country.
Wednesday, 11 May 2011
Vickie Cargill,another female costs supremo, tells me that the SCCO is going to hear an appeal on the big issue of the moment,the right to interest on costs.Look out for Bridle v Ikhlas.
Last night was the 11 KBW party held at the Wallace Collection,a beautiful building.The hand of Lucy Barbet was evident in the spectacular detail.There were hundreds of guests and i saw a quorum from the Court of Appeal in deep session,aided by exotic cocktails.A hard act to follow.
Sunday, 8 May 2011
i would urge practitioners to avoid entering into any long-term commitments with 'consultants' or anyone else until the dust settles and we know where we are which will not be until next year.You do not want onerous commitments around your neck.At least ,consider a break clause.
The 'Daily Telegraph' published an interesting letter on saturday may 7th in the motor supplement suggesting that insurers were as corrupt as some claimants.High repair rates are claimed but the bodyshop is then to give the insurer a massive kickback.This is funded by inflating repair charges in liability cases.To maximise credit -hire,the vehicle is whisked away asap .Car manufacturers are getting in on the act by doing deals with credit hire companies and threatening to remove approved status from bodyshops if they fail to refer non-fault cases.If any of this is true we are looking at anti-competitive and corrupt activity.
There are 4 very useful apps to consider.Free are Photosynth which enables you to take panoramic pictures and find i phone,to enable you to track it if lost.
Should you travel regularly buy train times which is amazing and tells you what platform a train goes from and if it is delayed.It costs a fiver but is priceless.If you want free train times for all Europe including here then get the DB app (the German rail company).Tube exits is again marvellous for London underground planning.
The consultation paper on the discount rate is complete ;we are awaiting publication.
I understand that the Goodale litigation,brought by prisoners against the MOJ, has just settled.The MOJ were funding both sides of the litigation,an interesting economic exercise.
Monday, 2 May 2011
AA Gill in the Times Style magazine described a restaurant as expensive for a starter was a tenner.At Lassere,an asparagus starter was £58 .However,this Parisian 2 star Palace has a roof that opens up to reveal the sky above.Bonkers.
For a treat try the Royal Monceau hotel just revamped by Starck.The bar is beautiful and the toilets are in a hall of mirrors.
Tuesday, 26 April 2011
Treachery and betrayal are terrible traits.Claimants now use the law to hide the truth,if they can afford it.
To grant an injunction for life strikes this writer as grotesque, a word of the moment in the Court of Appeal.A recent injunction granted to a mediocre presenter was based on the prospect of his children being bullied at school, were the story to emerge.Hiding behind the children does not look noble.Nor did his conduct.
Self -loathing or self deception,i wonder which is worse?
Footballers are the new primitives.Why cant they be like Ryan Giggs or Alan Shearer,uttterly decent types?
Saturday, 23 April 2011
Thursday, 21 April 2011
The Court of Appeal decided nearly 2 years ago in Shah that one cannot deny damages to a claimant who has exaggerated a claim or ,as in Shah, conspired with another so as to enable that person to pursue a false claim.
Professor Zuckerman wrote a compelling article recently suggesting that this misconduct could properly be categorised as an abuse of process enabling the entire claim to be struck out under CPR 3.4.
The one problem is how to gauge the degree of exaggeration .Should a claimant who claims £100 dishonestly lose their true £10,000 of quantum?
Thursday, 14 April 2011
Epsom College v Pierce -The Court of Appeal has granted leave.Where a Part 36 offer has been withdrawn can the court allow interest as if the offer hasn't been withdrawn?
Bethell Construction v Deloitte-A case on service of a claim form and arguments about if D is estopped from taking a service point ,again going to the Court of Appeal.
Tuesday, 12 April 2011
Tort counsel - Simon Butler.
Serious injury counsel-Stuart McKechnie
Employment barrister-Sean Jones
Costs counsel-Dr Mark Friston
Costs counsel with real potential-Andrew Arentsen ,Civitas Chambers.
Costs lawyers-Teresa Aitken ,Paul Reason ,Michelle Ackroyd and Erica Bedford
Chancery counsel -Shantanu Majumdar.
Safest pair of hands in injury-Chris Goddard,the senior junior .
Sunday, 10 April 2011
Friday, 8 April 2011
Sunday, 3 April 2011
Saturday, 2 April 2011
Thursday, 31 March 2011
Monday, 28 March 2011
Friday, 25 March 2011
Thursday, 24 March 2011
Sunday, 20 March 2011
Saturday, 19 March 2011
Before going up to Birmingham last thing on thursday night i went to the most elegant recital and reception hosted by Radcliffe Chambers.Shantanu Majumdar ,who kindly invited me,will be appearing in the april Lexis webinar on disclosure.His wisdom is magisterial and i recommend him to anyone with commercial/chancery disputes.
Thursday, 17 March 2011
Wednesday, 16 March 2011
A bill to implement Jackson reforms (or those the Government want) is highly likely by july.
Leave to appeal has surprisingly been granted in Gump.
Litigation is also starting on whether it is reasonable to insure under the rta portal scheme at the outset.
Sunday, 6 March 2011
Saturday, 26 February 2011
Friday, 18 February 2011
Tuesday, 1 February 2011
By far the most demanded talk of the year is on Part 36 and settling claims,not surprising when one considers the immense impact of Gibbon and the unhelpful C V D decision.
Jackson ?Young and the future of litigation is joint second along with new litigation tactics,of which there are dozens.
The Bribery Act will be on the agenda too from next month.
Drop me a line if you might be interested in any of them or indeed my rolling CPR updates.Thanks.
Monday, 31 January 2011
Wednesday, 26 January 2011
Campbell has had a faster impact than anyone ever thought possible.
Tuesday, 4 January 2011
Next week the High Court in London will resume the part heard case of Owens v Noble.Did the claimant mislead the court so as to enhance his damages??