Part 36.

The Court of Appeal has just overturned the decision in C v D.

Judges in trouble

The Mercantile Judge in Bristol has been criticised by the Court of Appeal for taking 22 months to deliver a judgment.He is a decent ,hard-working man and it is notable that his decision was upheld as correct.If it is any consolation to him the Law Lords  took a year to deliver their decision in White v Jones (1995) 2 A.C. 207, a case about solicitors delay!
 Much more seriously,James Allen QC, a Deputy |High Court |Judge,was found guilty this week of beating up his wife despite her changing her story and claiming she had attacked herself.She is a barrister and Coroner.Subject to an appeal, i assume the next step will be prosecution for perjury and /or conspiring to pervert the course of justice.

Criminal injuries compensation

The Government is to announce significant cuts in the amount that claimants shall get under the scheme.

Evidence

The Court of Appeal delivered an important decision this morning in Wetton v Ahmed.It sheds light on what to do where critical documents are not produced.Essential reading and a pat on the back for His Honour Judge Simon Brown who decided the case at first instance .

Part 36 and predictable costs

On October 19th the Court of Appeal is to hear Oliver v Doughty.In a predictable costs case does the claimant get costs at large on accepting a Part 36 offer or is it still the fixed costs under Part 45?
I would suggest that fixed costs only apply.We shall see.Thanks to Robin Dunne of Keelys for the tip off.

Rix LJ was robbed

The propulsion (delayed) of J Sumption straight to the  Supreme Court bench  has attracted much comment.
He is a clever man ;see his 3 volumes on the hundreds year war.However,i feel immense pity for those who have slogged their way up the pole.
Lord Justice Rix is decent,clever and produces superb decisions ( Carver was an off day).He truly deserves to be at the top .
The Supreme Court is going to wait for Mr Sumption to finish a case for a Russian plutocrat before he takes up his post.

Jackson v His Critics

I had a lovely lunch with Geraldine McCool today to celebrate her recent birthday .This sadly meant missing a lunch with Anastasia and someone who celebrated her half birthday on tuesday.Sorry.She kindly produced the response of Sir Rupert, dated may 16th, to the Oliphant report.Thompsons commissioned a group of acadaemics,lead by Prof O,to analyse and,as it proved ,to attack key Jackson proposals.Sir Rupert is having none of it and has swatted the criticisms aside.Interestingly,he describes APIL as his strongest critic.I would say his most vociferous critic but no matter.
I would not want anyone to think that Sir Rupert is just interested in law reform.At the Court of Appeal Christmas party he introduced me to the oeuvre of Aloe Blacc.Altogether now
"Clap your hands everybody,
Everybody just clap your hands,
Come on y'all......".Wondrous.'I need a dollar '.