Monday 31 March 2014

THE NEW CPR RULES

On Wednesday morning Birmingham Law Society host an update with Ed Pepperall QC and me looking at the latest . 

Sunday 30 March 2014

LOSS OF CAPACITY AFTER SIGNING A CFA .

The recent High Court decision in BLANKLEY is definitely being appealed. 

SAINSBURYS WINE

Right now there are 2 stupendous deals .
Bollinger at £25 is cheaper than in France.
The gem is the 2001 Faustini Rioja at £13-99 ( £4 off ) . Decanter rated it top top buy at Christmas . 

Friday 28 March 2014

CLASSICAL REFERENCES

Please can we have an end to this ? Last friday Lord Justice Jackson referred to an "Eleusinian mystery". This friday in his introduction to the new White Book it is the Diocletian Edict on Maximum Prices. I and Dr Andrew Twambley  know what all this stuff means , obviously , but what about normal , dim people ? 

A MITCHELL APPEAL ?

I am intrigued to hear that an appeal to the Supreme Court is being mooted in THEVARAJAH V RIORDAN , another Appeal Court decision backing Mitchell to the hilt.
Do not get excited.
1. As the brilliant Simon Browne QC pointed out to me yesterday those scribblers who say he should have appealed Mitchell fail to appreciate that the Court of Appeal is the HQ of matters procedural.
2. My reading of THEVARAJAH is that relief would not have been justified even on the old soft touch approach let alone the new one.
3.Were it to go to the Supreme Court waiting with open arms and open minds would be Lord Neuberger , the biggest fan of Sir Rupert, and Lord Clarke who , err , appointed Jackson and handed him a flame thrower to sort out the bloody mess.Looks promising , eh ? 

THE REVERSE MITCHELL.

In WEBB RESOLUTIONS V E-SURV (2014) the defendant sought to Mitchell the claimant for having failed to serve notice of additional liabilities. The Judge was unimpressed and allowed recovery.
D then sought permission for a renewed oral application , out of time , to go to the Appeal Court. C promptly executed a reverse Mitchell and won. Marvellous Justice.
The excuse for delay was that permission had to be sought from the client and then be forwarded down a chain of command. A thoroughly bad reason said Turner J. , a man who does not exactly demonstrate his feminine touch when dealing with applications.

Friday 14 March 2014

MASTER WHITAKER

It is nothing short of tragic that such a diligent and hard -working man has had to leave his job for having entered misleading information on his Outlook diary.