2014 -MY IN-HOUSE TALKS

The 2 that are in most demand are 'BUDGETING LAW AND PRACTICE' and not far behind 'THE NEW TACTICS OF LITIGATION' which i am writing now. Happy new year to my loyal readers.

CASES OF THE YEAR

The decision in MITCHELL( and now DURRANT ) was achingly predictable.
The really interesting cases were , i thought , the Supreme Court decision in WOODLAND V ESSEX COUNTY COUNCIL.The judgment of Lord Sumption was achingly wonderful.For the first time in a decade he has not chosen his books of the year in 'The Spectator'. It would be hard to beat his wise words which signify yet another twist in the extension of tort.
Those who think Jackson LJ is anti-claimant ought to read the decision he delivered in ROBERTS V BANK OF SCOTLAND where he wiped the floor with a scummy bank .
Ward LJ in the run up to his retirement delivered a series of inspirational and worldly decisions , none more so than in WRIGHT V WRIGHT where he cast serious doubt on HALSEY.My top tip for 2014 is that we will see a concerted effort by the Appeal Court to foist ADR upon litigants.Budgeting , nurtured in the nursery of the Birmingham Mercantile Court , is going to be the other hot area .Remember , MITCHELL was a sanctions case not a budgeting one.

BEST CHRISTMAS BOTTLES.

The best out there at good value are as follows.
1. On the fizzy front the Aldi £6-99 Loire is utterly decent. 'The Times ' today wrongly asserts that the £9-99 Champagne won awards. It did not and isn't good.It was their £16-99 number which did well.For the same money i strongly recommend from the Coop Les Pionniers ( secretly made by Heidsieck for them )  and the best which is Tesco own label finest.
2. A lovely classical red is Les Gillets Bordeaux , a snip at £6-99 from M and S. Going upmarket Waitrose has fine Rioja for £9-99 on promotion.Majestic have magnums of 2004/5 for about £36 , cheap for the quality/quantity. For general value i swear by Cotes Du Rhones , particularly made by Les Dauphins , found in many supermarkets at about £7.
3. I did not think much of Wolf Blass chardonnay in the past but it has moved decisively in the direction of Burgundy and is now very good .Full price is about £10 but it is widely promoted and you may well get if for under £7. The best white steal if you are fast is at Marks and Spencer which is selling for £9-99 (down from £15 a week ago) 2011 Borgogne Blanc Les Femelottes , a bottle rated as one of the best of the year by Jancis Robinson. The 2011 M and S  Californian from Schug at £16 is one i have not tasted but the reputation is high.  Aldi Limoux at £6-99 is delicious .

MITCHELL-AN UPDATE.

1. The decision is not being appealed.
2. Counsel for the defendant (rightly) conceded that the Order deprived the claimant of future costs.This would not deprive the claimant of the 6 figure bill already incurred. Never forget that budgeting is all about what is to be done , to be spent.

IS QOWCS UNLAWFUL?

I was with Alex Hutton QC last thursday for our Lexis webcast on costs  and good fun it was, particularly as Master ' take no prisoners' Howarth was present too..Alex raised this issue. The Rules mean that a claimant with a pile of adverse costs orders against them can walk away from their indebtedness . Might this offend the right to respect for property , contrary to Article 1 of the first Protocol to the European Convention ? Wait and see . Big money is at stake.

THE 2014 REFORMS

It is not over. Part 36 is to be revamped , the DBA Regs are to be made workable and budgeting will probably be made universal in multi-track cases.

GOOD TO BE BACK!

Sorry for the silence but things have been so so busy.
MITCHELL is the case of the year and is a powerful sign that the Appeal Court is not going to dilute the Jackson regime. Comply or die is the message. Lawyers are clever and adept .The requisite change of culture will be applied by the vast majority overnight.
Thank you to Martyn Jennings who knows how to throw a spectacular blast .He introduced me to Richard Burcher, a name you will hear again and again. He is leading the way on alternatives to the hourly rate and is in demand internationally. A lovely man. 

GEORGE AND TOM PADMORE

Thanks to my new researchers. It is just too busy these days so i have recruited 2 bright young men who can open Champagne bottles without spilling a drop.

MORE REFORMS

Let no one delude themselves into thinking that Jackson is it. There is a rolling programme of changes and next year we will see the extension of budgeting and a radical overhaul of Part 36 .

WHO IS THIS ?

A young male model on his way to appear at London Fashion week was seen reading a ripping yarn.How fantastic is that ? 'Surviving Jackson ' is published by Sun.

THE CASE OF THE YEAR.

The appeal in MITCHELL on budgeting and relief from sanctions , 2 entwined aspects of Jackson reform , is to be heard on November 7th. Thank you to Simon Browne QC for the tip off .

USEFUL PEOPLE TO KNOW.

Well done Zoe Holland for winning the best newcomer award at the Dorchester this week. She recently featured on my list of talent. Also , Andrew Twambley for looking after Z on the evening .

MIKE GOODRIDGE

The sign of a genius clerk is when one phones up asking for a barrister to be available in 4 hours with a fine command of Peruvian unfair dismissal law and to get the answer ' i have 3 available ". Many thanks to the excellent Susan Belgrave  for stepping in and helping out.

USEFUL PEOPLE TO KNOW.

Here is a list of those to whom i refer practitioners in need perhaps of specialist guidance.As ever , i emphasise i have no financial involvement with anyone of them.
DRAFTING CLIENT CARE AND CFAs-Kerry Underwood has vast experience here and i was present when the head of the Supreme Court quoted him with approval.Enough said.
REGULATORY ISSUES-Frank Maher is in a league of his own.
VALUING WIP -Zoe Holland of Zebra is sane and charming.
DUE DILIGENCE - Reuben Glynn has been quietly involved in massive acquisitions.
HEAVY EMPLOYMENT LAW INCLUDING DIFFICULT FOOTBALLERS -Sean Jones QC.
LIABILITY IN INJURY AND PUBLIC LAW-Simon Butler ,9 Gough Square.
BIG INJURY QUANTUM- Stuart Mackechnie , same set.
CHANCERY / COMMERCIAL - Shantanu Majumdar is a stunning senior junior.
COSTS COUNSEL SILKS- Simon Browne QC and Alexander Hutton QC.
COSTS JUNIORS - Dr Mark Friston and the soaring Roger Mallalieu.
MEDICAL RECORDS SORTING AND SHIFTING- Felicity Roberts.
INDEPENDENT ADVICE ON E DISCLOSURE PROCESS - Andrew Haslam [andrew.haslam@allvision.co.uk]
GLOBAL E -DISCLOSURE WISDOM- Chris Dale.
PORTAL ISSUES -David Pilling of Counsel is untouchable.
STRATEGIC ADVICE FOR INJURY FIRMS - Jeff Zindani , my co-author and someone who has a proven track record of real success.

TACTICS UNDER JACKSON.

This talk is now pretty much sold out .

I cannot deliver it in house until mid -november onwards. 

The 'Surviving Jackson ' book published by Sun is going great guns too.

WINE

Sean Jones QC and i are about to write our annual Christmas wine list. Here is a sneak preview. Aldi red Italian Toscano is awesome.£4-09. Fresh berry flavours. Also their red Loco which is under £4.
I dislike their champagne.Avoid.
Sainsbury House Pinot Noir from Romania (!) is a blinder.£4-50. So pure . Up there with NZ Pinot that costs treble.
Right now Tesco has Wolf Blass chardonnay which has improved massively and now tastes Burgundian. As i write it is £5-99 not a tenner.Tesco own Champagne is infalliable.

GOOD TO BE BACK.

Enough law. Kate Middleton bought cashmere baby boots plus skirt and cardigans in Brora on the Kings rd yesterday. Beat that Mail online.

MIKE GOODRIDGE -AN UPDATE.

After a difficult night i am glad to report that Mike is on the up having had a little chicken soup, a dry cracker and 9 pints of stella. Rejoice . 

ABOUT TO LEAVE THE COUNTRY

Yet not before a final lunch today at Bibendum with John Spencer to whom every injury lawyer should be grateful. His work keeping portal extension under control was enormous.
 George Clooney doppelgänger , Paul Scrutton , was in fine form .Just lovely to natter without an agenda.
Things are looking cautiously optimistic for injury lawyers after the House of Commons report last week which revealed 'compensation culture ' to be as real as ghosts and train timetables. Still no mention of this critical development in 'The Times' which has relentlessly plugged the Jack Straw line that a cabal exists involving crooked claimants , dodgy doctors and sinister solicitors.

A SUPERB RESTAURANT IN LEGAL LONDON.

Otto at 182 Grays Inn rd is just spendid. It is new and i only learnt about it from arch foodie Stuart Mckechnie . The interior is perhaps quaint but the food , wine and service are faultless.
The eponymous Otto came and modestly introduced himself.Charming.
 Not expensive and a clever wine list.  0207 713 0107. 

RADCLIFFE CHAMBERS

It was lovely to be invited for drinks on the rooftop last night.
Here is a set of Chambers that gets it right. It has hosted a series of these  cosy gatherings so that members can actually engage with clients .Again , it was intelligent to serve a decent drink , Laytons Champagne , rather than cava that might cost a little less but just tastes foul.
All credit to Shantanu for picking the wine and Catherine Calder for everything else ( including the loveliest welcome ).

MIKE GOODRIDGE

The great man is under the weather . I can only assume someone slipped green kryptonite into his drink.  He so strong that he lifted me with one hand when Stuart Mackechnie won barrister of year.
Get well soon.

THANKS TO.....

There has never been such a hectic year. Inter alia , can i say thanks to everyone whom i have encountered .So many good people including  HHJ Simon Brown QC, Paul Scrutton , John Spencer,Adam Manning ,Maria  Kell, Stuart Mackechnie , Mike , Paul Reason , Teresa and her amazing husband , the boys at Neolaw, Mark Field , Dr Friston , Erica , Mark Griffin , Marshal, Matt Gibbons , Sue Bright , Mrs P ,Mike Charnley , Kerry '2 brains 'Underwood, Sara Stanger, Jill Riley are just a few names on my list. Jef Zindani has been magnificent in getting our book published ; a hero.
And congratulations to Roz Steeple who is soon to marry ( with me planning the honeymoon). Oh yes.

3 TRAVEL TIPS

It is holiday time. Here are 3 random warnings.
1.The latest blag in big European cities ( particularly Paris and Barcelona ) is the petition. Roma children give innocent tourists a petition and a pen to sign it with.With hands out of the way an accomplice will dip into bags or pockets.
2. French and Italian pharmacies have a monopoly on selling even simple painkillers. 30 p generic paracetomol at Boots is £8 in Venice.Take your own and suntan lotion / deet based insect repellent too.
3. Several shops present the card machine which gives you the option to pay either in euros or pounds.Never pay in pounds. The catch is that the retailer can dictate the rate of exchange as obviously it will collect in euros.You get overcharged due to a dire exchange rate.
Bon voyage.

MOST WANTED TALKS OF 2013

No surprise that Jackson in practice , dealing with what has happened since April and correcting some of the big misunderstandings is , by a mile , the hot one.
Interestingly , Part 36 and settlement remains huge and rightly so.

BULLYING BANKS

Please , please read the sublime judgment of Sir Rupert in ROBERTS V BANK OF SCOTLAND (2013) EWCA Civ.882.
It marks the return of the PROTECTION FROM HARASSMENT ACT 1997, which was blown off course by a duff decision of The Appeal Court in 20007.
Here , the claimant was bombarded by 547 phone calls from the defendant which had inherited the Halifax. Mrs Roberts was slightly overdrawn. An award of £7,500 was unanimously upheld.
Remember , you have a six year limitation period . I feel so vindicated ; the charm and courtesy and decency of Lord Justice Jackson shines through. Uplifting stuff.
I am writing a full piece for the NLJ.

QUALITY SOLICITORS

On a fleeting visit to Bath i noticed that something was missing. The Quality Solicitors stand has disappeared from W H Smith although , poignantly, the hot line remains attached to the wall.

ADAM MANNING

If you want to read a proper legal blog then please turn to Revolution Law, penned by the great young man that is Adam Manning. He kindly wrote up a talk i gave in terms so lucid and exact that i wondered if i had said anything like it. Anyway , a star in the making.

WINE

Drop everything .head to Waitrose now. Buy every bottle you can ( i cleared the Bath branch ) of VINALBA 2011 Cabernet Sauvignon from Argentina. It is on promotion at £6-99 .Normally £8-99 they are putting it up to £9-99 imminently.It tastes better than many a £30 red. Sean Jones  QC and i had a bottle the other night and purred with contentment. I have set mine aside for Christmas day.
Not on the same scale or indeed planet but also promoted at Waitrose is the red and white offerings from La Vielle Ferme , £5-99 so £2 off. It comes from a noble heritage , Beaucastel , makers of awesome Chateauneufs. Fine for the summer as is my last tip here Les Dauphins , Cote Du Rhone for £6-49 , also discounted . very fruity and gluggable.
Aldi has a steal , Italian red , Toscano, for £4-09. Sublime fruit and tasting like something nearer a tenner. I do not drink spirits but their own brand gin under a tenner and whisky for £13 have wiped the floor with big brands in blind tastings.
Finally , if you like elegant Burgundy,  Aaron Rice at Averys  01275 812237 , has a few cases left of stupendous chardonnay for about £100 a case. I bought one 2 days ago. He knows his stuff.

'SURVIVING JACKSON'

The book , written by Jeff Zindani, with tremendous contributions from HHJ Simon Brown QC, Dr Mark Friston, Nick Jervis, Mark Feeney and myself is out . Sun Legal Publishing . £100. JK Rowling did not write any of it (probably ).

'The Times'

I remember when this paper was the essential read for lawyers. It has gone to the dogs.The opening section of the Law Report today is gibberish
.Yesterday, it ran a hot off the press Court of Appeal decision published on May 23rd. It managed to bury on page 16 the rather more important story that Times Newspapers Ltd had gone down for £180,000 in a libel action brought by Peter Cruddas.
The glaring omission is that the House of Commons rounded on some motor insurers whilst finding that claimant injury practitioners were decent.After devoting pages to the alleged crookery of solicitors and giving a big platform to  the ex -criminal barrister Jack Straw  to denounce injury lawyers , where is the detail of the Commons report?

JEF MITCHELL, MEDIATOR.

Many will have come across the highly respected Jef who ran claims for the MOD. He has retired , prematurely , and is now available to mediate .He is accredited but also has fabulous experience of liability , quantum and costs issues. His website is www.jefmitchellmediator.co.uk.
Recommended unreservedly.

ANOTHER JACKSON MYTH DISPELLED.

A story emerged last week which understandably frightened many practitioners. The gist of it was that Sir Rupert wanted recoverability to end in current cases if proceedings were not commenced by October this year ( 6 months after reform took effect).
I am happy to say that this is utter tosh. I have it from the man himself. Lord Justice Jackson fully appreciated that lawyers would enter into funding arrangements prior to the date the guillotine dropped. Ample notice was given for that very reason.

LORD JUSTICE JACKSON.

On Wednesday Sir Rupert is to deliver his first speech in 15 months.
In Bologna.
To the Australian Bar Association.
Really.

BIG CASES THIS WEEK

Tomorrow the Court of Appeal hears , for a second time , the professional negligence case of PADDEN .What duty is owed by a solicitor giving initial , unpaid advice to a client ? Thank you to Judith Thompson for the tip off.
On wednesday we have the Supreme Court handing down a judgment of colossal importance about battle immunity. What duty does the military owe to personnel in conflict ? 

MOJ SPENDING

I return from lovely Venice in a serene frame of mind. I then open 'The Times ' to see more MOJ lunacy .It paid £4.5 million to taxi drivers in a year to move prisoners around .
The prison service spent £5m in moving the police killer between Preston prison and Manchester for his recent trial. It would have made more sense to hold the trial at Preston prison but it was not secure enough ( except to hold the killer there every night of course).
The SFO is employing the excellent Slaughter and May firm to defend the action for damages brought against it by the innocent Tchenguiz brothers. The SFO is also using 35 (thirty five ) barristers to help with disclosure and appears to be in breach of orders or so the Judge intimated. Does Mr Grayling know about this ? Did Slaughters beat Serco and Stobarts in the tender ?

PRIVATISING JUSTICE

The Chief Inspector of Prisons report , just published , about the privately run Ashfield Young Offenders Institution can only add to the case for the public administration of the Criminal Justice system.
Even though only one third full it was out of control with young people self - harming and , worse still , some being hurt by use of force .
An outrageous state of affairs .

NEW INJURY CLAMPDOWN ?

'The Times ' reported yesterday ( page 4 ) that the MOD paid out compensation of £2,200 to a parrot owner . The poor bird died due to a low flying Hercules plane . Mr Grayling is concerned about cage chasing claimant solicitors . Expect a consultation paper on reform soon , probably .

HH JUDGE SIMON BROWN QC

Since no one else has seen fit to put in context the recent critical Court of Appeal decision in CRINION V IG MARKETS LTD i thought i would.
The trial Judge was criticised aggressively by Underhill LJ for having structured his judgment around the written submissions of a party to the dispute. This was perhaps not clever but it was blindingly obvious to all where the text had come from. It certainly was not laziness ( see below ). The Trial Judge  used those submissions for they were accurate.
1. The judgment was upheld in every single respect.
2.The case was complex.  Fourteen issues were quite properly identified.Trial involved 4 days of evidence and then another day for oral submissions.
3.Those submissions were made on december 13th 2012. Despite complexity and Christmas the judgment was circulated in early January and formally handed down on January 26th.
4. Judgments were entered for £1.3 m and £800,000 in round figures , significant amounts , upheld to the last  penny.
5.The main appellate  judgment was delivered by Underhill LJ a whole 8 days after he had been elevated.He managed to incorporate a reference to another case decided by himself.
6. There is no one but no one out there who has done more to speak , unpaid and at his own expense, about reform and technology in the last year and i include Ramsey J and Sir Rupert in that field. The latter has had the very best of reasons for withdrawing and no criticism is intended. 
7. So there.

IN -HOUSE JACKSON TALKS

Recent clients have included accountants PWC in London , insurers , American disclosure providers, law firms and barristers chambers. 

The very latest (may 2013) thoughts of Sir Rupert form the centrepiece of the latest version of my complete overview.

THE FUTURE OF LAWYERS

There are a number of characters out there bursting with prognostications . Look to Kerry Underwood for accurate analysis. His recent Manchester talk in which he demolished the ABS myth was but confirmed today in the FT where it was revealed that the Co-op bank quietly stopped lending to new customers 2 months ago and is £469,000,000 down on impairment losses (page 18). You need to win a few whiplash cases to make up that deficit.
Kerry should be elected Law Society President.He knows how to look after his adored profession.

WHY THE PRETENCE?

Since it has already been decided that Lady Justice Hallett is going to be the next LCJ why is 'The Times' producing columns about her and the essay  which the 'candidates ' must write ?
Thomas LJ needs to be promoted to a position where he can get a grip on process and procedure ; he is pragmatic and without equal in that department.

COSTS

Hampshire Police v Taylor is a new decision of the Court of Appeal published on the BAILLI website . It will be of considerable interest to injury lawyers but the real charm is the firm application of FOX V FOUNDATION PILING LTD ; the winner ought normally to be given all of their costs and not merely a percentage .
How quaint that the court mentions a payment in , abolished 6 years ago ! 

Mrs Justice Carr

Congratulations to Sue Carr QC on being appointed to the High Court bench . She could have been an even more prominent Judge. The makers of ' Judge Judy ' considered an English version and Sue Carr was seriously considered but the company abandoned the idea . Their loss , our gain. Strange but  true . 

HOWES PERCIVAL

A lovely team . Thanks to my travelling companions Karyn Coburn and Sarah Lee ! 

BUYING WINE

Hugues Lepin is the best informed wine man I have ever met . He was sommelier for Alan Ducasse which says it all .
He has now set up in business to source wines and he can also host tastings and supply for parties . Whilst he can find good stuff ( he recently sourced £45, 000 of Mouton ) he will happily get you a case of good wine for daily consumption or a bottle for a special present . His contacts are astonishing .
You can reach him at WINE SOURCE 0203 574 4036 - hugues@wine-source.com
Recommended without reservation and , as ever , I do not have any financial interest here at all. He is just lovely . 

CLIFF POOLE RIP

The Litigation legend and most elegant man died suddenly last night . He was so kind to me as a trainee and was the best fun . He adored Maggie whom he met at Thompsons . 

SIMON BROWNE QC -ONE TO WATCH

On friday I was at the superb ACL Conference .
I sat for dinner with Simon and Emma Hughes , his exotic junior in the Henry case. Jeremy Morgan QC has now retired and I think Simon is the new big beast in costs work . You watch .

BUDGETING

This topic above all others is the source of greatest anxiety . On the 'New law Journal' website and free for all is the definitive guide written by the man synonymous with the art and that is HH Judge Simon Brown QC. Look and learn.

COMING SOON - THE BOOK !

COSTS BUDGETING

The Troy Farms appeal, due to be heard by the Court of Appeal on Thursday , has folded . The respondent capitulated.   

THE CARBOLIC SMOKEBALL DECISION

How wonderful that the Court of Appeal in the Dresdner decision today invoked the one case that even the worst law students can faithfully recite.

DAMAGES BASED AGREEMENTS

The MOJ is looking at the Regulations which , as drawn , are unworkable. All credit to them for acting so promptly ie 23 days after the Rules came in , a world record . 

ROAD TRAFFIC REFORM

 The road traffic / MIB guru , Nick Bevan , has sent me an urgent note explaining that time is short for practitioners to speak up about the lack of fundamental reforms affecting RTA liability .
It is , as ever , way over my head but it is explained in unique detail at http://nicholasbevan.blogspot.co.uk/
Please , please go look if you have any exposure at all to this line of work.

BUDGETING

The Court of Appeal is to hear the TROY FARMS case on May 2nd. Moore-Bick LJ is sitting and the Senior Costs Judge will act as adviser to the Court.
At issue is the correct approach to this important new exercise. The Judge had allowed a rate of £350 an hour for a senior junior , stating that whilst the amount was very much at the top end it did not cause him to shake his head in horror .
Let us hope that , unlike HENRY , the court will seize the opportunity to give decent guidance . 

BUDGETING

The Court of Appeal has just granted leave to hear the first substantive appeal on the issue of how to budget . Look out for TROY FOODS LIMITED V MANTON.

JACKSON AND DISCLOSURE

This is your last opportunity to grab a place at the free EPIQ breakfast event taking place next Tuesday in the City of London . Over 100 have already booked . It will be a rare opportunity to hear the likes of Costs Judge Campbell , the legendary Vince Neicho and Michael Bacon  with their thoughts on budgeting , evidence and how the disclosure process has changed.
For a place ping a note to dblaxell@epiqsystems .co.uk
Deborah would be glad to hear from you . See you there .

THE FUTURE OF P.I LITIGATION

A joyous afternoon with Jef Zindani , looking at the book he has created and edited and which I have contributed to . Out next month and we already have advance orders . More news soon . 

DRAFTING YOUR CFA AND DBA

I swapped a quick note with Kerry Underwood who is so in demand , drafting bespoke documents . The Law Society model is err exotic whilst there is not a word in the DBA Regulations about termination  . On no account would I suggest taking on new work without the benefit of specific advice . The risk is not worth it. 

Rising talent

On my whirlwind tour of the country last month I was lucky to meet Jonathan Gray at Pryers in York, a young man who plainly gets it and will shine .Admirable . 

THE MINISTRY OF JUSTICE

Can it get any worse ? A recent press release boasts of clamping down on the claims culture which Lord Dyson MR declared last month did not exist . Do they ever listen to the Judiciary ? 

SELLNG INFORMATION

The Government has banned the selling of claimant injury information.Meanwhile , the DVLA has trousered £10 million pounds by selling information to car champers . Pathetic.

LAWYERS CAN FUND DISBURSEMENTS

Thanks to the ever vigilant Ben Posford for sending me the Germany decision which rightly holds that a solicitor who funds disbursements is not , for that reason only , to be liable for the costs of their  opponent . The Appeal court decision is on BAILLI .

EPIQ - THE FREE EVENT OF THE YEAR

On Tuesday April 23rd EPIQ hosts a free City event dedicated to budgeting and disclosure .It is nearly full . Last chance to bag a ticket for this breakfast seminar from achhagan@epiqsystems.co.uk
Both Costs Judge Campbell and Michael Bacon will be speaking ; a coup. 

THE FUTURE OF INJURY LITIGATION

Jef Zindani , i and a small team have put together a serious tome which is shortly going to print.Jef has done an amazing job. More details soon.

BUDGETING - A MAJOR FREE EVENT!

On tuesday April 22nd EPIQ , those nice e -disclosure people , are hosting a free  breakfast event in the City.Costs Judge Campbell who sat in the Henry case and Michael Bacon , budgeting maestro ,will both speak and i might get a word in as well. Unmissable.For a ticket e -mail dblaxell@epiqsystems.co.uk

TOP TALENT 2013

Each year i single out a few barristers and Judges whom i think are in the ascendency.I was glad to see that past picks Hefin  Rees and Ed Pepperall took silk last month.
In no order whatsoever the ones to watch are
HHJ Simon Brown QC who has done so much to spread the word about costs budgeting. His decision in SAFETYNET where he awarded the winner their costs as budgeted is far more significant than the Appeal Court decision in HENRY.
Lord Justice Jackson is destined for the Supreme Court. His devotion to his case work is beyond belief.He cancelled a dinner we had arranged so that he could stay writing a judgment at the RCJ until 10pm.
Simon Butler and Stuart McKechnie continue to draw unsolicited praise for their thorough approach to difficult injury cases.9 Gough Square is so lucky to have them.
Sean Jones QC continues to soar in the employment field and has become the silk of choice for several premier League football clubs .His preparation is meticulous . A Judge in the making.
The retirement of Jeremy Morgan QC , a good man , leaves Nicholas Bacon QC at the very top.I do expect Dr Mark Friston to be a silk within a year.Roger Mallalieu impressed me enormously as did Alexander Hutton QC , both of whom i worked with for the first time recently.
Mrs Justice Swift is on the road to the Court of Appeal and Lady Justice Hallett has got a major promotion around the corner.
David Pilling knows portal law inside out.

WESTMINSTER FORUM

I received an invitation to speak from the above entity.Interestingly , i was expected to talk for nothing and pay my own travel and hotel to turn up for nothing.I declined. Interesting since they charge a full fee for events and even sell the notes reciting what the unpaid speakers deliver.My great friend Kerry Underwood told me that he was expected to appear at some event regarding the legal future without getting a bean. Absurd.
I have delivered 2 talks for charity in March and was glad to do so. The idea that outfits expect to receive a fat income without paying the speakers is vile.

JACKSON

Sorry for the silence but i have been rather busy and there is no sign of a let up.
The degree of ignorance about the biggest reforms this century is staggering.In 'The Times' last thursday were 2 howlers. A financial columnist wrote that the budgeting rules would force the SFO to reveal what it was paying a city firm to defend the undefendable action brought against it by the Tchenguiz brothers. Err no ; it is a commercial Court action where budgeting does not apply.
On another page in a decent article about reform was a quaint quote that budgeting would force an employer in an unfair dismissal claim to reveal it was using an enquiry agent. Err no; the employment tribunal is the only venue for such a claim .Tthere is ordinarily no costs order , let alone budgeting .Sir Rupert did not darken their door.
I would avoid the Law Society model CFA and ask Kerry Underwood to produce one instead. As ever i have no financial involvement with Kerry ; it is that i rate him.

BUDGET BACKSLIDING

The CPR reforms are due to be published tomorrow . Powerful rumours abound that budgeting, fundamental to Sir Rupert , is to be subject to a variety of exclusions , so undermining the very process itself . 

WANTED -.LAWYERS !

Spencers at Chesterfield are screaming for people able to deal with complex injury work. What a positive sign ! John Spencer is a great man too. If interested drop a line to Kelly.Pashley@SpencersSolicitors.com 

HENRY

At last we have the judgment which seems a rather timid affair . No almighty statements of principle about the imminent arrival of budgeting across multi- track work . 

ALL CHANGE

The highly rated defendant insurance practice of DLA is to be taken over by Hill Dickinson . The deal was done on Friday .
Admiral Insurance is looking to acquire Lyons Davidson . The logic is that it can lawfully refer  claimant injury work to itself .

SORRY FOR THE SILENCE

The Jackson maelstrom gets ever closer and i am talking / writing 7 days a week at the moment.
I am sorry that we have still not had the budgeting judgment in Henry . Delivery has been postponed twice due to division within the Court of Appeal.
Zoe Holland , about whom i wrote recently , is inundated with solicitors looking both to buy and sell injury / clinical negligence work. She has carved out a fantastic niche. Good for her.

HENRY

This important decision about budgeting is probably going to be handed down on Friday morning.

THE NEW RULES OF COURT

Jackson judicial training starts tomorrow. This will be interesting because the first 150 pages of Rule changes have yet to be signed off although i am certain this will be a formality.More intriguing is news that a second tranche of measures will follow but not until after the Rules Committee meets on february 8th.

NOT LONG NOW

It is a chilling thought that the Jackson reforms are less than 90 days away and they are to be implemented by a statutory instrument , as yet unpublished , that exceeds 150 pages in length. Happy days.

ZOE HOLLAND

The femme fatale of injury wip valuation ( that is what it says here ) has gone it alone and established a niche business , ZEBRA, to advise upon funding , acquisition opportunities , merger , sale and expansion . Her clients include law firms , bankers and those thinking of investing in the injury arena.You can catch her at zoeholland@zebralc.co.uk   Telephone 0161 317 2939.Website-www.zebralc.co.uk

HAPPY NEW YEAR!

And what a good start with the Lord Chancellor rightly postponing  portal extension .