All articles by Rachel Rothwell – Page 17
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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The law on claims for psychiatric injury is outdated, arbitrary and harsh.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.
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NewsBudgeting limit to increase to £10m
Master of the rolls has recommended a new £10m threshold despite strong opposition from Commercial Court judges.
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OpinionBudgeting: what will the new limit be?
What level will the new exemption for costs budgeting in the Commercial Court be set at?
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Litigation funders face new complaints regime
Third-party funders could be publicly expelled from the body that regulates them under a new complaints procedure.
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OpinionWelcome common sense over wills errors
The sensible approach to mistakes in wills is at odds with the harsh line on procedural errors.
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OpinionFunding and ATE: what’s to come in 2014
What developments can we expect in ATE and litigation funding in the coming year?
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OpinionRelief from sanctions – more tough action
A fresh judgment from the Court of Appeal shows the strength of its appetite to enforce compliance.
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OpinionLife after Mitchell
Where does the landmark costs judgment leave the profession? asks Rachel Rothwell.
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OpinionHow Jackson is affecting litigation so far
Lawyers say they have seen a ‘spike’ in settlements recently – most likely due to costs budgeting.
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OpinionGuideline rates: why solicitors must engage
It really is in the profession’s interests to make sure the new guideline hourly rates reflect commercial reality.
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OpinionMy search for a missing will
Rachel Rothwell’s first-hand experience of why the law should require wills in England and Wales to be registered.
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OpinionDefamation costs: lessons from the PI world
Last Friday the government unveiled its plans to bring in costs protection in defamation cases. The proposed scheme would be similar to the qualified one-way costs shifting (QOCS) regime that came in into force in personal injury in April, but with some important differences. In particular, in defamation, QOCS will ...