Tuesday, 26 April 2011

Super -Injunctions.

 The report coming from Lord Neuberger MR next month will be welcome.He is such a sensible man.
 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

Chancery litigation

Such has been the success of the Birmingham costs pilot in Mercantile and construction that i now believe we may see a similar scheme applied in Chancery ,with leeds or Manchester being the likely venues .

Thursday, 21 April 2011


Every day last week i received an enquiry from a law firm asking if i would go in and speak to the partners on where we are going in litigation,something i am delighted to do.Very big changes ,some yet to be announced,are coming.

Exaggerated claims

The Supreme Court has granted leave in the case of Summer which will be heard in january next year.
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

Interesting cases on the horizon

Webster Dixon v ULR Norwich-the High Court is to decide if someone with bte cover can compel their insurer to allow them to pick a solicitor of their own choosing where suitable solicitors are on the insurers panel.
Epsom College v Pierce -The Court of Appeal has granted leave.Where a Part 36 offer has been withdrawn can the court allow interest as if the offer hasn't been withdrawn?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

Top talent 2011

I have taken many calls recently from researchers compiling legal directories.The following list is of those i believe to be in the ascendency.
 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

In House Talks

The hotties of the moment are
_Settling claims;an advanced Part 36 guide
  Jackson-what will happen when?
  Litigation tactics.

Friday, 8 April 2011

Discount Rate

The Ministry has finalised a consultation paper.It provides for a 3 month consultation period.
All of this reform is depressing.I sobbed with the repeal of the Gut Scrapers and Tripe Dressers Welfare Order (it really did exist).

Sunday, 3 April 2011

Injury reform

I spent a depressing day in bed yesterday ploughing through the latest consultation which looks to extend the portal scheme to cover more claims and of higher value (clinical negligence up to £50,000 anyone?).My review will be in the New Law Journal this coming thursday.All very worrying for claimants.Those responsible for the portal assure me that the Young implementation target of april next year is impossible to achieve although i can see it in rta where the infrastructure,not yet a year old,exists.

Saturday, 2 April 2011

City University,London

I delivered my annual talk on thursday and was stunned by the massive audience.My thanks to Snigdha for brilliant organisation .My audience included Lady Coulson and international playboy, Tariq Bin Aziz.The questions were frighteningly perceptive.A brilliant institution.Prof Nigel a star.