All articles by Rachel Rothwell – Page 18
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Litigation funding: joining the party
A few years ago, most solicitors would have had no notion of what third-party funding (TPF) was, and even fewer would have cared. But as banks become ever more reluctant to lend to law firms – and civil litigators begin turning their minds to how they will finance contingency fee ...
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Are lawyers an easy target for hackers?
At the Solicitors Regulation Authority’s conference for international legal regulators earlier this autumn, one of the most interesting sessions dealt with the ‘hot topics’ currently bothering regulators across the globe. There was quite a range: bullying within the profession is a big issue in Australia, for ...
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Judges could make ‘ill-informed’ decisions on costs, says Gloster
New costs management rules coming in next April may lead to ‘ill-informed’ decisions on legal costs by judges, a high-profile judge has warned. Mrs Justice Gloster, who was the trial judge in Boris Berezovsky’s failed claim against Roman Abramovich this summer, said that while she had ...
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Jackson ‘will fuel conflicts’
The Jackson reforms will heighten potential conflicts of interest where barristers are dealing directly with the public, experts at the bar conference warned last week. The reforms will alter the rules underpinning conditional fee agreements and introduce damages-based agreements, which will allow lawyers to take a ...
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Bar chief rebuffed over LSB closure
Calls from the bar for the disbanding of the Legal Services Board met with a cool reception from the government this week. Bar Council chair Michael Todd QC told the bar’s annual conference that the super-regulator was going ‘beyond its brief’ and creating ‘burdensome costs’. ...
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Will costs get out of kilter?
At the end of last month, the government announced what many had suspected for a while; that it is not going to introduce a ‘costs council’ of lawyers and other experts that would have been tasked with ensuring that fixed costs, and the guideline hourly rates used by courts in ...
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LSB must go now, says Bar Council chief
The barristers’ profession cranked up its pressure on the Legal Services Board this weekend as the chair of the Bar Council called for the super-regulator to be ‘disbanded'. Michael Todd QC told the bar's annual conference that the LSB was going ‘beyond its brief’, and criticised ...
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Civil litigators could consider advocacy
by Rachel Rothwell, editor of Litigation Funding magazine I recently attended a conference held by the Law Society’s Civil Justice Section – Litigators: survive and thrive. One key message was aimed at personal injury lawyers who – with the Jackson timebomb ticking and set for detonation ...
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Litigation funder targets case ‘portfolios’
One of the UK’s biggest litigation funders is in talks with law firms about using alternative business structures to invest in a ‘portfolio’ of their commercial litigation. The move by Harbour Litigation Funding signals what is expected to become a closer relationship between law firms and ...
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Are DBAs a viable option in personal injury?
As personal injury lawyers prepare to kiss goodbye to recoverability of after-the-event insurance premiums and success fees in conditional fee agreements from next April, so they will be waving hello to the new kid in town, the damages-based agreement. Will DBAs prove to be the hero of the hour, rescuing ...
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Policing professionals - international regulators
Last week, the Solicitors Regulation Authority held the first conference of its kind for international regulators.
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SRA goes global
The Solicitors Regulation Authority held the first ever international conference specifically for legal regulators last week, and it was a big success. More than 100 delegates attended, including regulators from the US, Canada, Australia, Brazil, Denmark, Ireland and many other jurisdictions.
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Royal snaps expose more than just flesh
The publication of holiday snaps of the Duchess of Cambridge last week – with those images inevitably set to take a virtual tour of the globe thanks to the world wide web – have exposed more than just skin. What has been laid bare has been ...
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Time to get on with portal plans
If you are trying to run a personal injury practice, you may be feeling pretty frustrated right now. You know that the government intends to extend the road traffic accident protocol vertically to higher value cases (up to £25,000) by next April. You know it will also be extended horizontally, ...
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Will litigators be lured by contingency fees?
With the starting gun for contingency fees in commercial litigation due to fire in April 2013, interest in how the new damages-based agreements (DBAs) will work has been building in recent months. Now, with the publication of a set of recommendations from the Civil Justice Council’s DBAs working group, a ...
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Should funders bring collective actions?
As the government closed its consultation on collective actions in competition law cases at the end of last month, there was an outcry from business groups warning against the plans. Among the critics were the CBI, and our old friends the Institute of Legal Reform ...
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Lessons from the low-value RTA process
Last week the Ministry of Justice finally revealed Professor Fenn’s independent report on the operation of the low-value road traffic accident process. And it was rather disappointing. Fenn found that costs under the process, which uses an electronic portal, appeared to be 3-4% lower than previously, ...
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Are GCs prevented from forcing down fees?
I heard a depressing tale last week that will be familiar to many lawyers working in the in-house sector. A general counsel was dealing with a substantial piece of litigation. He had chosen to give the job to a good silver circle firm, and was very ...
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Personal injury costs reform continues apace
Behind-the-scenes work on the implementation of Lord Justice Jackson’s reform of personal injury costs has stepped up a gear or three in the past few weeks. The government intends to make a ministerial statement on qualified one-way costs shifting (QOCS) on 19 July, which has injected some urgency into the ...
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Will funders start bypassing solicitors?
There is quite a buzz about third-party funding at the moment. Media coverage has spread well beyond the legal press, with recent articles on the topic in the FT and now even the Guardian. But much as funders like to suggest every now and ...