All articles by Rachel Rothwell
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OpinionDisclosure: a cure worse than the disease?
The rules surrounding civil procedure are constantly being chopped and changed, and it is not uncommon for reforms to be deeply unpopular (costs budgeting, anyone?).
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NewsJudges have no 'general discretion' to vary costs budgets, High Court confirms
Judgment also casts light on what the courts consider 'significant developments' in a case.
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OpinionWill reform of fee disputes ever happen?
The law governing challenges to solicitors’ bills – the Solicitors Act 1974 – is in dire need of reform.
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NewsUK's lit funding market ‘losing out to international rivals’
Failure to reverse the Supreme Court’s 2023 PACCAR ruling is the ‘main drawback’, study finds.
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OpinionAre class members out of reach?
We live in a world where scammers hunt us like prey. So when we are told that we qualify for free money, we don't rush forward.
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NewsCAT president warns against 'Disneyfied' modelling
Tribunal sees concerning ‘blurring of the lines’ between expert evidence and advocacy.
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NewsFocus on class actions: All for one, one for all
The Collective Redress Lawyers Association this week debated the pros and cons of extending the opt-out class actions regime. Are redress mechanisms ‘unsuited to the breadth and types of harm’?
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FeatureProduct of its time
Product safety law is almost four decades old and ever more unsuited to a digital age, critics allege. Rachel Rothwell canvasses views on the case for a reboot
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NewsIn depth: CAT ready to get tough on 'entrepreneurial' class actions
‘Entrepreneurial’ class actions now appear less likely to proceed as the Competition Appeal Tribunal tightens its scrutiny on distribution of damages, a bar conference heard.
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OpinionGroup action regime will be no fee bonanza
There was big news on collective actions last month, but it was not the announcement everyone was expecting.
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FeatureLegacy system
Reforms to drag centuries-old legislation governing wills into the digital age are overdue as probate disputes soar. Rachel Rothwell reports.
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OpinionTackling predatory marriage will not be easy
The Law Society has called on government to update a 19th-century wills law that is ‘not fit for the future’.
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FeatureCrime and consent: False positives
The law relating to consent involving deception is a ‘mess’, but there are no simple solutions.
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OpinionNew Zealand’s clin neg panacea is no such thing
The non-adversarial model used in New Zealand is held up as a better way of resolving clinical negligence claims. But is it really an improvement?
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OpinionSuccess of 'bold' reforms too early to call
The Ministry of Justice predicted that extending fixed recoverable costs would make legal costs ‘more certain and predictable’. So far, it appears the opposite has happened.
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OpinionWhy Mazur is 'interfering with play'
According to Andrew Roy KC, the offside rule is how we need to think of things in the post-Mazur world.
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NewsFunder penalised for failed challenge to Mastercard settlement
CAT orders Innsworth to pay extra legal costs incurred by class representative Walter Merricks.
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OpinionDemystifying AI
Rachel Rothwell reviews 'Andrew and the Marvellous Analytical Engine' by Andrew Hogan.
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NewsFunders must wait for PACCAR solution - Sackman
Any legislation to deal with litigation funding uncertainty will not be retrospective in effect, minister suggests.
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NewsScrapping class actions would fuel anti-competitive behaviour, bar warns
Barristers’ representative body responds to government call for evidence on opt-out collective actions.