Tag Results

Court of Appeal: claimants cannot “blow hot and cold” with QOCS

Claimants cannot “blow hot and cold” with Qualified One-Way Costs Shifting by terminating one conditional fee agreement and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.

August 3rd, 2017 | No Comments »

QOCS protection extends to appeals, High Court rules

Qualified one-way costs shifting applies not only to trials but to appeals, the High Court has ruled. In the first decision on the issue, Mr Justice Edis said claimants’ access to justice would be “significantly reduced” if they were exposed to the risk of costs of an unsuccessful appeal.

May 26th, 2016 | No Comments »

No escape from dishonesty hearing for claimant who discontinued

A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held. HHJ Gosnell said QOCS had not changed a much older rule that the service of a notice of discontinuance “is not the end of the matter for a claimant”.

April 27th, 2016 | No Comments »

Claim against MIB does not have protection of QOCS, High Court rules

A claim against the Motor Insurance Bureau by the victim of an accident in France does not have the protection of qualified one-way costs shifting, the High Court has ruled.

April 26th, 2016 | 3 Comments »

QOCS protection lost after canoe claim struck out

The widow of a man who died in a canoe accident has lost the protection of qualified one-way costs shifting (QOCS) after her fatal damages claim was struck out. Judge Lopez ruled that there was no duty of care.

August 25th, 2015 | 1 Comment »

Claimant protected by QOCS despite earlier CFA, costs judge rules

A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.

August 4th, 2015 | No Comments »

CJC calls for extension of fixed costs to fight fraud

The Civil Justice Council (CJC) has called for the extension of fixed recoverable costs to help in the fight against personal injury fraud. It also backed caps on claims management charges.

May 18th, 2015 | 1 Comment »

Satellite litigation warning as new fundamental dishonesty rule comes into force

The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.

April 13th, 2015 | No Comments »

QOCS disapplied in rare ‘fundamental dishonesty’ ruling

National firm DWF has secured one of the first ‘fundamental dishonesty’ rulings, denying a claimant the protection of qualified one-way costs shifting (QOCS).

April 8th, 2015 | 3 Comments »

QOCS “does not apply” to appeals in PI cases started pre-LASPO

Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.

November 24th, 2014 | No Comments »