Friday, 27 December 2013


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.