Tuesday, 30 April 2013


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

Friday, 26 April 2013


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.

Wednesday, 24 April 2013


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 . 


 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.


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 . 

Monday, 22 April 2013


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.

Wednesday, 17 April 2013


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 .

Monday, 15 April 2013


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 . 


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 . 


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 ? 


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.

Thursday, 11 April 2013


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 .


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. 

Thursday, 4 April 2013


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.


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


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.


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.

Tuesday, 2 April 2013


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.