Legal directories

In the last week i have been approached  by 2 publishers for critical analysis of those barristers,solicitors and consultants about whom i have written in the last year. What was so impressive is that these people had obviously read what was published;they were very thorough in their approach.

More radical reforms coming.

The MOJ are considering increasing the small claims limit from £5,000 and the possibility of compulsory ADR is back on the agenda.

My in -house seminars

By far the most demanded talk of the year is on Part 36 and settling claims,not surprising when one considers the immense impact of Gibbon and the unhelpful C V D decision.

Jackson ?Young and the future of litigation is joint second along with new litigation tactics,of which there are dozens.

The Bribery Act will be on the agenda too from next month.

Drop me a line if you might be interested in any of them or indeed my rolling CPR updates.Thanks.

clinical negligence work

A new pilot scheme is coming later this year.Those who think it a safe and lucrative haven are misguided.Sir Rupert Jackson sees it as grotesquely expensive and it was the very first thing he referred to at the launch of his final report in january last year.The Young proposal to create a portal in april 2012 also indicates heavy downward pressure upon practitioners.

Champerty

The decision of the Court of Appeal last week holding that it was lawful for a solicitor to bear the risk of an adverse costs order if the claimant on a cfa lost is intriguing.It does indicate that solicitors can lawfully fund/support the claimant,an idea which i suspect Lord |Justice Jackson would approve of.Whether solicitors will want to become banker/funders is another matter.

Are success fees illegal?

The Court of Appeal has called for written submissions by friday in the case of De Souza where oral argument has already concluded.The claimant sued the local authority over tree root encroachment.The insurer paid out the claimant,took up rights of subrogation and entered into a ccfa.The claimant was fully insured so why the need for a funding arrangement? Might this breach the right of D to a fair trial under Article 6?
 Campbell has had a faster impact than anyone ever thought possible.

2011

 This year will be one to remember.Jackson reform consultation ends on february 14th .The final Government proposals will be announced in the spring with a view to reform in April/October 2012.Meanwhile, the Courts will extend their pilots with costs management introduced into every Mercantile and Construction case this Easter.Defendants are lining up a challenge to the Lowndes test on proportionality,much criticised in the final Jackson report .The Young report has been accepted by |Government and will be acted upon.It matters not that the author has resigned.
Next week the High Court in London will resume the part heard case of Owens v Noble.Did the claimant mislead the court so as to enhance his damages??