Friday, 17 December 2010

Part 36 again!

 Thanks to Gary Knight for tipping me off about HMRC V BLUE SPHERE where the Court of Appeal find that Part 36 is applicable where an offer was made in a dispute with the Commissioners of Revenue and Customs.

Wednesday, 15 December 2010

Part 36 and costs reform

I indicated recently that Lord Justice Jackson had ensured he sat in a case about Part 36 and costs.I now see why.In Pankhurst v Lee, just published,he describes the funding arrangements as grotesque, resulting in solicitors getting a massive return for no risk.This case could not have come at a worse time for those arguing that cfas are just.A disaster.Thanks to Simon Butler for letting me know that the decision had been released.

Mayors Court reprieved!

 The oldest court in the land is not going to close after all.There is commonsense in the MOJ after all.Thanks to super litigator Debbie Morgan for the tip -off and well done Monty Trent for keeping calm throughout the period of uncertainty.

Thursday, 9 December 2010


 The Court of Appeal has unsurpisingly refused leave to appeal in the nuclear test veterans case and has ordered that the massive payment of costs on account be returned,with interest,to the MOD.I do not think the Supreme Court will ever grant leave to appeal.

Jackson-it is not over yet!

 As i pointed out in my comments on reform the Government did indicate that there was a possibility ,albeit slight,that the abolition of recoverability might not occur.In Whitehall this month  civil servants are asking for hard statistical evidence to justify allowing some degree of recovery to survive.Saying that it is not fair is worthless.Practitioners need to put cases and examples to their MP to prove the point.

Saturday, 4 December 2010

In house training

Nicholas Bevan is the main man when it comes to both disease and road traffic litigation updates.I cannot think of anyone better qualified to deliver sophisticated training in these areas.A google search will take you to him.
 I am still flat -out on Part 36 and mainstream CPR developments.

Friday, 3 December 2010

That photo!

 Alongside,you see Ron 'killer' Thwaites QC, the king of cross-examination,with myself, His Honour Michael Cook and Sir Rupert Jackson who kindly agreed to come to the Cook book launch  as a surprise guest but point blank refused to jump out of a large cake.And after all i have done for him. Next year i will ask Nicola..

Wednesday, 1 December 2010

Insurance in portal cases

Thanks to Ruth Graham of Berrymans who tells me that there is to be a test case heard in Liverpool as to what level of premium is justified under the 2010 rta portal scheme. There is no costs risk in stage 1 or 2 and a limited sum at stake in stage 3.Many claimants are incurring a premium of about £400, a figure i would have thought unlikely to be upheld ,particularly as the word of the moment is proportionality.

9 Gough Square

Stuart is a dad ;lucky baby Theo.
His clerk ,Michael Goodridge,is so efficent.i mentioned an article in a talk yesterday and within 10 minutes he sent a copy of it to the solicitor who requested it.