DO YOU WANT TO SELL YOUR FIRM /WORK?

I have been retained by a  serious buyer with funds who wishes to acquire decent quality work. Everything in strictest confidence. Those who know me will tell you that i am always discreet . 

IN -HOUSE TRAINING

I am not one to flaunt myself but i am available this side of the summer to come visit and deliver bespoke in -house training. 

The biggest topics of the moment are 

1. The new Part 36 .There are daily incidents of professional negligence based upon the old 2007 Rules. A talk that should pay for itself many times over.

2.Preparing for trial which includes guidance on witness statements , amendment , experts and the dreaded bundles. Also , where a case from 1722 is so useful.

3. Default, sanctions and relief which is nowhere as straightforward as some suggest.

4. Budgeting 2015. 

Thank you . You can get me at profregan@icloud.com 

DO YOUR CLIENTS RATE YOU ?

I was recently asked by a very large organisation to express an opinion about a big  commercial firm based outside London . Why ask me ? The astute reply was that they knew I was heavily involved in training and would have a view about awareness and competence . What had provoked their question was a survey showing that this firm had slipped in some satisfaction survey .
I answered honestly and said that whilst I had provided training for this entity I had not been asked to in the last 2 years . That seemed to confirm their suspicions . Intriguing stuff . 

PART 36

The eminent head of training at a major City firm tells me that about half of the supposed Part  36 offers his firm receives are defective ! It is negligent for a claimant to make an invalid offer as it will cost the client and the firm as well . 

NEW PART 36 FORM

I am as sorry as I am bewildered to report that the Rules Committee did not get around to signing off a new N242 last Friday. I realise they have a lot on their plate but this ought to have taken a minute . I will keep you posted on progress . Thank you Beverley for the information .

2015 WHITE BOOK

The new edition is accompanied by a nifty Costs paperback .
Be cautious about the hourly rates when budgeting  comments at 4.28 , plainly written before the superb judgment of Warby J in YEO 2 months ago.
The Part 36 chapter by Peter Hurst is exquisite and utterly accurate. 

A GREAT BIG DAY OF COSTS AND FUNDING !

I will be hosting this event and giving 2 talks at the Park Plaza Hotel , Westminster , on 22nd May. Loads more details to follow ! Thank you to Sajid Hussain and Reuben Glynn for all the donkey work. 

WELCOME TO THE NEW PART 36

It kicks in today .
I encounter more professional negligence issues here than anywhere else in litigation practice . Make sure you are fully conversant with the Rules , old and new . 

WHY PI LAWYERS HAVE A BAD IMAGE

"The assistant district attorney who prosecuted the case, Francis Bloom, has since been publicly censured for fabricating a confession and forging signatures in another case; he is now working as a personal-injury lawyer" . ' THE NEW YORKER ' APRIL 13th 2015. . 

MARKS & SPENCERS WINE

The range of wines here has improved dramatically . Stunning deals exist too . Right now we are in buy 6 get 25% off. Unusually, this applies to wine already on promotion. Yesterday we tried a Canadian Cabernet which had been £16 but was half price. Deduct the bulk discount and it was £6 and delicious .
You can get a 50 Cl Montepulciano for £2-99 ( £2-25 in bulk offer ) . You cannot make it for that price . Go look .
Thanks to Clare de Courcy Ling for the tip off.
Best value for Easter consumption is 2012 Lalande de Pomerol. Classy Bordeaux . Telegraph mag today rates Gillet Bordeaux as tipped by Sean Jones and myself at Christmas (£7-50 ) . 

EASTER WINE

A good time to buy. Both Marks and Morrisons are doing the buy 6 get 25% off . The latter has a fabulous deal on Bollinger and their own label Champagne is fine .

VICARIOUS LIABILITY

The Supreme Court is to hear both COX and MOHAMUD together in October . 

APRIL SOFT TISSUE REFORMS

Are they going to be implemented in under 2 weeks ? It is looking dubious . 

GETTING THE COURT FEE RIGHT

I have had lots of enquiries from those anxious to pay the correct fee. What if the claim later rockets in value ?
My one practical thought is that , at the point of issue , you prepare a file note explaining why you pitched the claim at the level that you did .
Keep an eye on quantum and do not be shy about amending and then paying the relevant higher fee .
If you had the wisdom to  get numbers right every time you would not be reading this . Judges will be sympathetic save where they see a cynical attempt to avoid a high fee by pitching in a silly value. 

THE NEW PART 36

It arrives on Easter Monday and radical , subtle changes are made . I have had a hectic time talking about the reforms around the country,
What is staggering is how many negligence claims are provoked by q misunderstanding or misapplication of the Rule .
Do let me know if you might possibly want an update ! 

THE UNDOING OF JACKSON

Here is a link to a note I have just written for Jan Millar at the NLJ.
http://www.newlawjournal.co.uk/nlj/content/what-might-have-been

NEW TALKS

I have kept my head down to write up new talks for this year . The job is complete . The most popular in - house topics are
THE NEW PART 36
PREPARING FOR TRIAL
BUDGETING 2015 . 

WHEN TO BUY WINE

With Easter a month away you would be wise to sit tight for 2 or 3 weeks as deals are always rolled out as the holiday approaches .If you have a wedding or other celebration later this year you will find stunning deals on fizzy bottles .
Having said that , Marks and Spencer are doing buy 6 get 25% off . In some parts of the country it is buy 3 and get 20% off .  

THOMPSONS

I forgot to thank Mike Goodridge for the tip off . 

Thompsons without a Thompson

It is the end of an era with David having just retired from the firm created by WH and then continued by his sons Robin and Brian . 

HAPPY ANNIVERSARY

It was a joy to go to the 25th anniversary party thrown last night by Sebastians , the niche firm in Fleet St . Nicholas Parsons was in cracking form . Great fun and congratulations to Anthony , a fine man. 

COURT FEES

If , as appears likely , court fees rocket next Monday , the commencement of proceedings before then will achieve a saving of biblical worth . 

BUDGETING GOES TO APPEAL COURT

This autumn REDFERN V CORBY BC goes up. How is one to budget ? Vital case . Thank you to Robert Marven for the tip off. 

A SMASHING WEEK

I have had a week of London talks to lovely people !
Monday was the MDU who always give speakers a bottle of something special.
On Tuesday Beverley Barton and Linklaters hosted my talk on the new Part 36 for the PSL brethren who are ultimately the lawyers lawyers .
Wednesday and I got to Simmons and Simmons , a firm which has a staggering modern art collection .
Yesterday was Ince & Co, a practice that is booming and forward looking .
Finally, thanks to Mike Goodridge at 9 Gough Square for hosting my trial preparation talk . The sign of a great clerk is that they do all  they can to keep people happy . I would be lost without him . 

BUDGETING

The decision of the ever astute Warby J , a man destined for the Court of Appeal, in YEO earlier this month is vital.
Start at paragraph 52 . The decision of February 4th is on the blessed BAILLI. He makes a series of observations that are plainly correct . Above all else he states that the hourly rate and grade of fee earner are of relevance when vetting a budget . This is not what some prominent figures have suggested . They are not High Court Judges .
A breath of fresh air . 

PROFESSIONAL SUPPORT LAWYERS

Thanks to Beverley Barton for arranging my talk this Tuesday and to Linklaters for hosting it. A PSL is , of necessity, ahead of the loop and invaluable to their firm. We shall have fun. 

COVENTRY - THE OUTCOME .

So many people have asked me about this . Here is my take .
Leading counsel made it clear at the outset of the resumed hearing that he was not attacking the vast number of additional liability arrangements .
His concern was with the circumstances of his client , privately funded and of modest means .
It may be that the Supreme Court will knock over the Costs Practice Direction which says that if base costs are reasonable and the success fee is too then , as day follows night , the total must be payable. I can see the Court inserting an obligation to send back and review the resulting gross figure before awarding it . 

DAY ONE - COVENTRY

Practitioners will be delighted to hear that Robert McCracken QC,who came over to say hello ,  made it clear that he had no intention of attacking recoverability in injury or disease cases . His grievance was that poor people , unsupported by unions or insurance , could be whacked on costs.

SUPREME COURT TOMORROW

I look forward to seeing many old friends as the Magnificent 7 start to hear COVENTRY V LAWRENCE . 

WINE FOR VALENTINE's DAY

Our one fundamental piece of advice is that you pay a fat and pointless premium for a pink drink , particularly Champagne . Save lots by buying a standard bottle . If you are not a label snob then Waitrose or Tesco own label bottles are delicious . M and S has expanded and now stocks some smart , small producers .
If you need a name then Bollinger is on promotion at Waitrose .
Aldi Blanquette fizz is fine for about £7-50 . 

CLARE de COURCY LING

I am delighted to say that she has agreed to co- write a monthly wine column here . For all of my legal scribbling it is the wine tips which most people read . Oh well.
Clare spotted that Marks and Spencer have just launched a buy 6 get 25% off deal ; however, they have included wine already on promotion . So , £32 Champagne down to £16 becomes £12. Stunning value.  

THE NEW PART 36 AND COSTS DEVELOPMENTS

I have at last finished my writing and will be available to deliver talks from February onwards . I have spotted some strange things . 

THE PRECISE ART OF SORTING MEDICAL RECORDS

The doyenne of the art , Felicity Roberts , has just completed an enormous project and so is free again to accept instructions .
You can reach her at felicityroberts@hotmail.co.uk

LETS GO ROUND AGAIN

That was the Average White Band ( a song I know understand ). It is also what the Supreme Court has decided to do in I.E.G.V ZURICH , a case about mesothelioma insurance liability. It heard the case last year and I thought judgment imminent .
No . On Friday it was announced that the case is to be heard afresh from scratch with 7 Judges sitting . Staggering. 

PROPOSED HIKE IN COURT FEES .

The intended hike is obscene . The greatest increase is 622% . The lesson is issue as fast as you can . 

COVENTRY

As I suggested here 4 months there will indeed be 7 Judges sitting to hear the resumed appeal next month. 

FRISTON ON COSTS 2015

The new edition is out on January 31st. I see that it is already discounted on Amazon .If the price falls  further prior to publication the new cheaper cost will be applied to existing orders.
The good doctor is well and will appear in the resumed  Supreme Court hearing of Lawrence next month.