All articles by Rachel Rothwell
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News
Funders can take fee before damages payout, Court of Appeal rules
Claimant lawyers see off a significant threat to the future of litigation funding in opt-out class actions.
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Opinion
Funders brace for fateful damages ruling
The litigation funding industry is fighting on several fronts, and there is another potential crisis looming.
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Feature
Whipping up a storm
2025 is a critical year for litigation funders on several fronts. They are right to be worried, reports Rachel Rothwell.
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Opinion
Is BTE the ‘magic money tree’ justice needs?
The benefits of before-the-event insurance are clear.
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News
Funding regulation fails to reflect ‘commercial realities’
Class representatives respond to Civil Justice Council review of litigation funding saying urgent reforms are needed.
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News
Renewed calls for urgent action on PACCAR ruling
Lawyers, funders and academics call for urgent legislation in submissions to Civil Justice Council review of litigation funding.
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News
LSB calls for mandatory regulation of litigation funding
Super-regulator concerned about conduct that 'puts short-term financial gain above clients' interests and duty to the court'.
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Feature
PII roundtable: Soft sell
With the PII market still benign, solicitors can focus their energy on how best to present themselves to insurers as a good risk. Eduardo Reyes and Rachel Rothwell report from the latest Gazette roundtable discussion.
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Opinion
'Told-you-so': mediation’s moment has come
DKH Retail Ltd & Ors v City Football Group Ltd shows how enthusiastically the courts are embracing their power to order parties to mediate.
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News
DBAs ruled unenforceable in high-value probate dispute
In Reeves v Frain and McKinnon, Costs Judge Brown found the DBAs did not meet requirements under the Damages-Based Agreements Regulations 2013.
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News
Appeal court to rule on funding agreements as post-PACCAR stays are lifted
Judges lift stay on appeals that were put on hold awaiting legislation to resolve PACCAR issues.
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News
High Court orders compulsory mediation despite defendant objections
Trade mark dispute ruling may be the first time the court has used new powers under amended Civil Procedure Rules.
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News
Civil Justice Council extends deadline for funding review
Extension to 3 March will not delay publication of report into litigation funding sector.
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News
Funding regulator 'monitoring' Mastercard row
Funder Innsworth to challenge settlement approval in Competition Appeal Tribunal hearing next month.
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Opinion
What does 2025 hold for litigation funders?
Amid all the doom and gloom, there are rays of light on the horizon for funders.
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News
Lit funders highlight ‘elephant in the room’ to Civil Justice Council
Funders anxious for a legislative solution to PACCAR bemoan lack of progress as ’Sword of Damocles’ hangs over industry.
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Opinion
PACCAR parked as CJC mulls lit funding
Last week, the wheels began turning in earnest in the Civil Justice Council’s litigation funding review.
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News
Litigation funding regulation back in spotlight as CJC publishes review
Hotly awaited interim report sets out questions for comprehensive review of the sector.
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Opinion
Rule changes ramp up ADR push
The drive towards alternative dispute resolution is only going in one direction.
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Opinion
Lit funders look at law firms post-PACCAR
The government needs to move more quickly to ensure that litigation funding agreements are clearly enforceable.