header-logo header-logo

Claimants & QOCS: caught in a trap?

119231
Have the changes to the qualified one-way costs shifting regime tipped the scales too far in favour of defendants? Samuel Hayman & Tom Jenkinson examine the perilous new situation for claimants
  • Changes to QOCS rules from 6 April 2023 mean there will be an increased risk of adverse costs for claimants in personal injury litigation.
  • The rules won’t be enforceable for cases initiated prior to 6 April 2023.
  • It seems the new rules only benefit claimants where the claim is discontinued and there are no damages or costs at all.

The qualified one-way costs shifting (QOCS) regime for cases issued prior to 6 April 2023 was clarified in two key cases: Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654, [2018] All ER (D) 99 (Jul) and Ho v Adelekun [2021] UKSC 43, [2021] All ER (D) 17 (Oct).

These cases meant that costs orders in a defendant’s favour are unenforceable, unless there are ‘damages ordered’ in the context of CPR 44.14—essentially

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll