CONTRIBUTORY NEGLIGENCE

In GROAKE V FONTAINE (2014) EWHC 1676 (QB) Eady J allowed a last minute amendment enabling D to allege contrib. No mention of DZIENNIK V CTO in 2006 where a powerful Court of Appeal gave C a windfall of 100% damages despite finding of 60% contrib. True that in CTO contrib was not pleaded but interesting that the court did not see it wrong to make D pay more than it ought.

THRIVING FIRMS.

They certainly exist .
I have recently visited 2 practices which are clearly doing well. Keystone Law regularly host client and staff get togethers and William Robins nobly asked me along. The atmosphere was buzzing and it was evident that this ABS has a happy team , no easy call with about 150 partner level lawyers.It did not take long to crack the secret.
The firm operates a consultancy model with , crucially , direct performance related pay. Anyone who shops at Waitrose will see the effect this has with staff desperate to get it right.In a law firm the direct correlation between results and income  has a phenomenal effect.
I also met the eponymous  founders of Hampson Hughes , an injury firm in Liverpool. This area of work has been mugged by a variety of recent reforms and yet here was another booming practice. i noted a massive appetite for know how and the use of IT. Best of all , the firm remains committed to training through apprenticeships and conventional training contracts. This engenders loyalty and people can see a way to develop.

MY ALL NEW IN - HOUSE TALK.

After weeks of scribbling I have now finished my new talk which I fondly like to think is both practical and essential. Ingredients include
- the 3 big misunderstandings about Mitchell
- why DURRANT is deadlier
- what not to argue on a relief application
- the subtle , revised Mitchell guidance
- abuse of process
- how to evade budgeting
- top budgeting tactics
- what is " trivial"?
- the new costs protection for every litigator. 

IN HOUSE TALKS

Strange but true ! Demand for talks about Mitchell and budgeting topics greater than for the whole of the Jackson reforms . There are some oddities about the latest Court of Appeal decision too on relief . It is still a period of profound uncertainty . 

READ THIS CASE !

http://www.bailii.org/ew/cases/EWCA/Civ/2014/506.html

Any lingering doubts about the Court of Appeal and Mitchell dispelled . Now 4 decisions involving 10 Judges . 

COMMERCIAL COURT BUDGETING

I predict much ado about nothing . The big boys and girls will agree their budgets . The court SHALL record this and cannot interfere. Simple eh ? 

MITCHELL

There , I knew that would get your attention !
Anyone with a faint interest in civil proceedings must sign up , as I have done , to the superb Gordon Exall blog . There was even an ad for a neat sat nav there today as well.
Sorry for my silence but I had a detached retina which is now mending but threw me considerably .