header-logo header-logo

18 June 2025
Issue: 8121 / Categories: Legal News , Costs , Personal injury , Insurance / reinsurance
printer mail-detail

Birss LJ offers clarity on credit hire & QOCS

Credit hire organisations must pay defendants’ costs when claimants are unsuccessful, the Court of Appeal has held

In Tescher v Direct Accident Management Ltd; AXA Insurance UK Plc v Spectra Drive Ltd [2025] EWCA Civ 733, the two cases involved road traffic accident (RTA) claims for personal injury and credit hire costs. Costs orders were made against the claimants, but these could not be enforced due to the qualified one-way costs shifting (QOCS) scheme. The defendants applied for non-party costs orders against the credit hire company, but were refused.

Therefore, the question before the court was: if a credit hire case fails, when should the credit hire company be liable for the defendant’s costs?

Lord Justice Birss, giving the main judgment, said: ‘Anecdotally, credit hire RTA cases represent a significant volume of the trial work of district judges, outside the small claims track.’ He gave guidance on credit hire RTA cases—a staple of the district judge diet.

Birss LJ suggested judges approach the use of their discretion on QOCS in two steps. First, should a non-party costs order of some kind against the credit hire company be made? Second, how much?

Birss LJ said that ‘absent some reason why not, when a claimant has been ordered to pay the costs and QOCS applies, a non-party cost order against the credit hire company is likely’. He stated that a non-party costs order will usually be made ‘absent special circumstances’.

The court granted Tescher’s insurer Admiral a non-party costs order for all the defendant’s costs, and AXA an order for 65% of defendant’s costs.

Graeme Mulvoy, partner at HF, acting for Admiral, said: ‘It was right for us to leapfrog this case to the Court of Appeal and this decision will hopefully see more discipline from credit hire organisations when pursuing unmeritorious claims given the risks associated with that approach.’

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll