All articles by Rachel Rothwell – Page 6
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OpinionRetainers and the line of duty
Does a fiduciary duty arise at the point of signing a retainer?
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OpinionWitness evidence and the malleability of memory
Do you have a good memory? Would you remember who said what at a big meeting four years ago? Are you sure?
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NewsLitigators frustrated by ‘hopelessly laborious’ disclosure pilot
Elements of pilot branded ‘monstrously difficult’ and ‘hopelessly laborious’, with costs ‘triplicated’.
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NewsDisclosure pilot creating ‘adversarial environment’, litigators fear
Seminar hears concerns about 'over engineering' bogging the system down.
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NewsNew body seeks to give global funding industry a voice
International Legal Funding Association will aim to influence judicial, legislative and regulatory developments.
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OpinionKnocking the stuffing out of witness statements
When Mr Justice Andrew Baker pinged over his judgment in a £1.5m tax fraud case last month, the lawyers involved must have opened the email with some trepidation.
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FeatureLitigation Pandemic?
Coronavirus is already creating a raft of contractual and insurance disputes, with far-reaching consequences for the economy.
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NewsJudge offers clarity on search for adverse papers
High Court sheds light on extent to which parties need to actively hunt down documents which are damaging to case.
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OpinionADR offers: the new costs weapon
Wherever you turn at the moment, it seems hard to avoid the relentless push towards mediation.
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NewsLitigation funders berate ‘bizarre’ crackdown
Australian government gave funders three months to become licensed by financial regulator.
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Opinion2008 crash offers glimpse of our future
Financial crisis showed shift in balance that takes place inside multi-practice law firms when a major economic downturn hits.
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OpinionCap catch no bar to a good investment
Despite the ever-growing popularity of litigation funding, court judgments dealing directly with issues relating to funders are pretty rare. But in February, like proverbial buses, two came along at once.
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OpinionDangerously optimistic clients
Litigators working under a conditional fee agreement justifiably dread the unreasonably optimistic client.
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OpinionIs the disclosure pilot working?
The two-year disclosure pilot running in the Business and Property Courts is now past the halfway point. How is it going?
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OpinionPortal gives insurers nowhere to hide
Insurers must ensure people can bring claims directly and be dealt with fairly - or the industry’s reputation will suffer.
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OpinionA Christmas gift on Part 36
Risk of the winning party receiving lucrative windfall at the paying party’s expense lends a Part 36 offer such weight.
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OpinionReform of DBAs is long overdue
New draft rules would push the reset button on damages-based agreements.
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NewsPush for tougher line on witness statements
Recommendations to be considered by senior judges in November.
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NewsMove towards ‘workable’ DBA regime through redrafted rules
Hybrid agreements and DBAs for defendants on the agenda for new regulations.