Friday, 5 December 2014

INJURY DAMAGES

More than a few claimants lack earnings records and tax returns .
In BROWNE V METROPOLITAN POLICE (2014 ) EWHC ( QB ) 3999 the Judge rejected a substantial claim from the claimant who worked randomly as a minder . The Judge decided that a lump sum of £25,000 was appropriate ( para. 62 ).
The Judge rejected the evidence of the 2 Police officers who had injured the claimant whilst arresting him . At the time Mr Browne was accompanying Noel Fielding who at 10.30 am was  still wearing his stage outfit consisting of dungarees, gold boots and a ladies' checked jacket. At that time his hair was dyed yellow blonde. A case for the fashion police ? 

Monday, 1 December 2014

PETER HURST

After a lengthy 2 month retirement he is back having become a door tenant at 39 Essex Street.
He will be available to arbitrate and mediate on costs issues wherever they might arise.
I am glad he is not going away. 

Sunday, 30 November 2014

THE MITCHELL DECISION.

A typically meticulous judgment of Mitting J ( although para. 200 should refer to 24 years not hours ). 

Saturday, 29 November 2014

CIVIL PROCEDURE IN THE SUPREME COURT

Surprisingly , the Supreme Court has agreed to hear the RIORDAN case . This was one of the Appeal Court decisions post MITCHELL and pre - DENTON. When should a court vary an existing Order under CPR 3.1 ? 

Monday, 24 November 2014

THE NEW PART 36

We are on schedule for a new set of Rules in April 2015. 

Saturday, 22 November 2014

TOP TALENT

Each year I put together a list of barristers and Judges that have impressed me . It is utterly subjective . It is also heartfelt . In no particular order here is my end of year roll of honour .
DAVID PILLING - This Liverpool barrister has a sublime appreciation of the brave new world of portals and fixed costs .
SIMON BUTLER - It is remarkable in these days of specialisation that one man can effortlessly and comprehensively master injury , public law , civil procedure et al. Recommended without reservation. A lovely man too .
ED PEPPERALL QC - This Birmingham silk is red hot on commercial disputes and is also heavily involved in re- writing Part 36 .
ROBERT WEIR QC - Thompsons think very highly of this injury specialist who won COX V MOJ ( which is off to the Supreme Court )
SEAN JONES QC - A stunning employment silk . High Court bench material. His speciality is advising in an area of law where there are just 20 employees  ( Premiership managers hiring and firing ).
DAVID READE QC - Great mix of commonsense and deep legal thought.
ALEX HUTTON QC and NICK BACON QC - A duopoly at the top of costs and funding law .
DR MARK FRISTON - The most senior costs junior who is back in business in January.
ROGER MALLALIEU - A costs junior who is really fast with paperwork and sound in judgment.
WILLIAM FLENLEY QC - A massive , modest talent with an astonishing command of professional negligence .
KATE LIVESEY - Already recognised as a bright young thing at the Professional negligence bar .
STUART McKECHNIE - The King of injury schedules , regularly instructed by pi specialists like Ben Posford .
SHANTANU MAJUMDAR - Chancery and insurance guru . Wine fanatic too.
TURNER J - Not long on the High Court bench but responsible for some searing judgments that have attracted praise from the Appeal Court.
MRS JUSTICE CARR - A certainty for the Court of Appeal.
JACKSON LJ - I admire his courage and integrity in producing dissenting judgments .
HHJ SIMON BROWN QC - So hard working and enthusiastic .

Thursday, 20 November 2014

CAB RANK MEDICAL REPORTING .

This latest MOJ creation is in difficulties and I believe implement ration has been put back to April next year .