All articles by Rachel Rothwell – Page 15
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OpinionDBAs: a win for the vested interests
Government has chosen vested interests over access to justice with its decision on hybrid DBAs.
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NewsPI lawyers urged to take mediation ‘leap of faith’
Zurich head of PI says there is currently too much mistrust of mediation on both sides.
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OpinionJudges must be braver about hot-tubbing
Concurrent evidence is universally approved, so why aren’t more judges ordering it to take place?
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NewsJackson warns against ‘vested interests’ on DBAs
Architect of civil justice reforms calls for working group to examine ‘no win, low fee’ model.
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OpinionRTA claims: what’s going on
A rise in traffic accident damages may disguise a worrying trend in settlements.
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OpinionOpening up funding for small claims
Some funders are turning their attention to lower-value litigation – at last.
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OpinionCommercial lawyers: new target for claims
Commercial lawyers who failed to give proper advice on funding and ATE are likely to be the next target for claims.
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OpinionMitchell: end to opportunism
Is it now safe for lawyers to behave decently to one another again?
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OpinionInfant claims: a big problem
District judges must toe the line and allow success fees in infant claims.
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OpinionPortal problems
Defendants complain of behaviour deliberately designed to avoid EL/PL portal.
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OpinionFix the courts instead of pushing ADR
Instead of constantly pushing alternative methods, the government should hire more court staff.
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OpinionWhy cannibalism is coming to PI
Undersettlement claims will soon be rife in personal injury.
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OpinionMitchell: what do the judges make of it?
A senior costs judge points to tensions between procedure and justice.
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OpinionArbitration in PI: a signal to the judiciary?
Could arbitration really be used in personal injury, or is this more of a message to the judges?
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NewsPI lawyers may turn to arbitration post-Mitchell
Arbitration might be attractive in cases such as catastrophic injury, where lawyers are concerned about courts refusing to admit evidence due to missed timetables.
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OpinionPolice claims: ‘insurmountable’ costs barrier
How the Jackson reforms have inhibited police claims.
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NewsBuffer rule to relieve Mitchell pressure on courts
Rule change to alleviate pressure on civil courts from applications for extensions to file documents.
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OpinionWhy the law on psychiatric harm must change
The law on claims for psychiatric injury is outdated, arbitrary and harsh.
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OpinionHave your say on Jackson
Don’t just moan about it; tell the CJC where the reforms aren’t working.