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First time I can recall his Lordship saying anything that I agree with!

Anons 14.11 and 14.14, you are of course correct. I could write a book on the lack of common sense demonstrated by the NHSLA/panel firms in some of my cases, and the judicial attitudes that allow them to do so without real consequence.

If Claimant lawyers are to be subject to yet more reforms, then the focus should be on a system that will offer fair reward for lawyers who know what they are doing, and which demands "good behaviour" from Defendants.

That needn't mean admitting liability on every case put to them, but it would hopefully include common sense things like responding to requests for disclosure within a reasonable timescale, accepting liability where there is a RCA/SUI report that says there's been a cock-up, and making offers that aren't ridiculously low on cases where they know they are bang to rights.

I don't think that's setting the bar particularly high, but that is the picture at the coalface and judges simply don't seem to care, especially when the question of costs comes up at the end of the case and the proportionately test is applied, no matter what obstruction or stupidity we have come up against.

Anon 11.56, I'm afraid I don't agree that fixing costs above £25k is easy, but that is probably another post entirely, and I must get back to doing legal work disproportionately!

A clin neg lawyer.