Opinion – Page 4
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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.
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OpinionLitigators must tread carefully on shifting sands
Civil litigators will need to be resourceful as developments in 2019 herald fresh uncertainty.
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OpinionHeavy-hitters take AIM at litigation
Litigation funders target London market as cash piles up for investment in disputes.
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OpinionNHS must be helped to learn from its mistakes
Health professionals need more resources to cut the number of errors that result in negligence claims.
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OpinionPicking over the proportionality rule
The case of Reynolds v One Stop Stores Ltd has added flesh to the bare bones of the proportionality rule, but there is still a long way to go.
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OpinionLitigation funders, out and proud
Vannin’s stock market float is further evidence of a booming third-party funding sector.
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OpinionDishonesty and nuisance value
How should the rules relating to ‘fundamental dishonesty’ operate?
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OpinionJackson skittles MoJ on damages deals
Costs reform architect eloquently demolishes government arguments for ‘caution’ on damages-based agreements.
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OpinionBlurring the lines
For law firms, funding claims is not for dabblers. But the profits could be vast