Opinion – Page 4
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OpinionConflicting pressures on hourly rates
Recent developments on guideline hourly rates have bucked the costs trend.
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OpinionRetainers and the line of duty
Does a fiduciary duty arise at the point of signing a retainer?
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OpinionWitness evidence and the malleability of memory
Do you have a good memory? Would you remember who said what at a big meeting four years ago? Are you sure?
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OpinionKnocking the stuffing out of witness statements
When Mr Justice Andrew Baker pinged over his judgment in a £1.5m tax fraud case last month, the lawyers involved must have opened the email with some trepidation.
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OpinionADR offers: the new costs weapon
Wherever you turn at the moment, it seems hard to avoid the relentless push towards mediation.
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Opinion2008 crash offers glimpse of our future
Financial crisis showed shift in balance that takes place inside multi-practice law firms when a major economic downturn hits.
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OpinionCap catch no bar to a good investment
Despite the ever-growing popularity of litigation funding, court judgments dealing directly with issues relating to funders are pretty rare. But in February, like proverbial buses, two came along at once.
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OpinionDangerously optimistic clients
Litigators working under a conditional fee agreement justifiably dread the unreasonably optimistic client.
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OpinionIs the disclosure pilot working?
The two-year disclosure pilot running in the Business and Property Courts is now past the halfway point. How is it going?
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OpinionPortal gives insurers nowhere to hide
Insurers must ensure people can bring claims directly and be dealt with fairly - or the industry’s reputation will suffer.
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OpinionA Christmas gift on Part 36
Risk of the winning party receiving lucrative windfall at the paying party’s expense lends a Part 36 offer such weight.
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OpinionReform of DBAs is long overdue
New draft rules would push the reset button on damages-based agreements.
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OpinionStrength in numbers for collective redress
Big group actions could prove a lucrative new area for claimant lawyers and funders.
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OpinionWill Burford’s woes stall the funding bandwagon?
Other funders had been contemplating joining the stock market, but the growing trend might have lost its shine.
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OpinionWhen the Arkin cap doesn’t fit
The ruling in Davey v Money [2019] EWHC 997 (Ch) delivered a blow to the cap that won't sit well with litigation funders.
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OpinionNo blanket comfort for claimant PI firms
Judges are not making it easy for claimant PI firms to make a living.
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OpinionMore pieces needed to fit fixed costs jigsaw
Fixed recoverable costs extension is not the final puzzle piece in costs reform.
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OpinionDamage limitation in personal injury
Personal injury firms are struggling to stay in business.