Tag Results

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 »

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 »

Costs budgeting at risk from “inconsistency and lack of expertise” of judges, report finds

The biggest threat to the success of costs budgeting comes from the “inconsistency and lack of expertise” of the judges involved, a report commissioned by the Civil Justice Council has concluded.

May 28th, 2014 | No Comments »

Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision

A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.

May 14th, 2014 | No Comments »

ATE still prevalent as QOCS fails to hit its target, law firm survey finds

New research has highlighted how ineffective qualified one-way costs-shifting (QOCS) has been in suppressing the need for after-the-event (ATE) insurance, with 90% of firms still advising every client of its availability.

March 26th, 2014 | No Comments »

Defamation Bill gains Royal Assent – but costs provisions remain unresolved

The Defamation Bill received Royal Assent yesterday despite disappointment and criticism that the issue of legal costs has not yet been resolved. There will now be a consultation on the Civil Justice Council’s recommendations for a form of qualified one-way costs shifting.

April 26th, 2013 | Comments Off on Defamation Bill gains Royal Assent – but costs provisions remain unresolved

New CPR to be amended next month, rule committee chief reveals

There will be another statutory instrument next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.

February 18th, 2013 | Comments Off on New CPR to be amended next month, rule committee chief reveals

Insuring part 36 risks after April

Kain Knight recently hosted a seminar to discuss the Jackson reforms and the effect they will have once implemented, via the Legal Aid, Sentencing and Punishment of Offenders Act in April. Although this meant much of the seminar discussed various hypotheses, the explanations given by the keynote speakers helped to provide clarity on a number of issues surrounding the reforms. The seminar also confirmed the general consensus that there are areas of the reforms which remain shrouded in uncertainty.

February 5th, 2013 | Comments Off on Insuring part 36 risks after April

Back to the future

In some ways it was Lord Justice Jackson’s intention to take us back to the 1990s. While he was not necessarily advocating a return to Rachel haircuts, Girl Power and MC Hammer trousers, he clearly felt nostalgia for the days when claimants had to pay success fees out of their damages. But it is more than just the end of recoverability that is taking up back to that era, according to a debate on life post-Jackson held in London last week by personal injury mediation provider Trust Mediation.

December 5th, 2012 | 1 Comment »