Thursday, 31 March 2011

Suing experts

The Supreme Court has decided that experts do not enjoy immunity and can be sued for getting it wrong in litigation-Jones v Kaney.

Monday, 28 March 2011


The Supreme Court has directed that a day be spent hearing argument as to whether the test veterans should be allowed to appeal.

Friday, 25 March 2011

Buying injury claims

The Court of Appeal reserved judgment yesterday afternoon in the case of Simpson where the claimant had purchased a claim for MRSA from the victim.Could she pursue the action?
Surely champerty?

Thursday, 24 March 2011

APIL conference

I have been kindly invited to speak (for 8 minutes) on the issue of Jackson reform at the conference next month.I suspect a few things will have happened between now and then.

Law reform

I now have the official transcript of the budget speech.The Chancellor said "Lord Young`s recommendations on health and safety laws will be implemented in full.The no win no fee legal services that prey on employers will be restricted".

Sunday, 20 March 2011

Compensation culture is a myth

So said the Master of the Rolls and he should know.See his Bentham lecture delivered on March 2nd (at para.45).

Saturday, 19 March 2011

Yet another Part 36 appeal

Where will it end? Leave has been granted in Midland Packaging v HW Chartered Accountants.

Costs management

I spent yesterday in court as the guest of HH Judge Simon Brown QC monitoring the continuing costs pilot in Birmingham. Two things for practitioners to note.Where expensive evidence is sought the Judge will ask if you have sought tenders from providers and,if not,why not? He is also ,rightly,keen to curb big spending on the preparation of witness statements.In case after case clear indications were given that the amount of time suggested for the process was unreasonable.
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.


Publication of the Government consultation paper on compulsory mediation,which i mentioned recently,is imminent.Expect it before the month is out.

Fraudulent claims

After 8 days in court a team of 3 barristers appearing in Owens v Noble have defeated the allegation that the claimant intentionally deceived the court as to the severity of his injuries.He keeps the lot.Thanks as ever to Stuart Mckechnie ,part time barrister and full time gourmand,for printing off the transcript for me to read .

Thursday, 17 March 2011

Part 36

The troublesome decision in C V D (2011) 1 WLR 331 that an offer was time limited and so beyond the scope of Part 36 is going to the Court of Appeal .My disquiet was ,i think,shared by both leading costs silks in the country (Bacon and Morgan) when we did our Lexis webinar on costs earlier this week.

Wednesday, 16 March 2011

Costs management practice direction

A draft has been finalised and meets the approval of Lord Justice Jackson.It goes before the Rules committee for approval on april 8th with a view to implementation in october.
A bill to implement Jackson reforms (or those the Government want) is highly likely by july.

Forthcoming costs cases

Soon in the Court of Appeal is a case where an ATE premium of £9 million is claimed where the costs of D are perhaps £10 million.
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

The APIL conference

The obvious highlight this year will be Stuart McKechnie looking at damages in injuries of utmost severity.I commissioned him to write a piece on this topic last year and it was blindingly brilliant.