header-logo header-logo

Home Login E-newsletter About us

Claimants & QOCS: caught in a trap?

© Copyright LexisNexis 2025. All Rights Reserved.
21 April 2023 / Samuel Hayman , Tom Jenkinson
Issue: 8021 / Categories: Features , Personal injury , Costs , Procedure & practice , Damages
printer mail-detail
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

Read All
Sponsored by
Cadwalader—Matthew Sperry

Cadwalader—Matthew Sperry

Firm grows private wealth practice with transatlantic hire

Michelmores—Jennifer Morrissey

Michelmores—Jennifer Morrissey

Financial services and securities litigation specialist joins as partner in London

Shakespeare Martineau—David Smithen

Shakespeare Martineau—David Smithen

South West land team bolstered by real estate partner hire in Bristol

NEWS
Read All
Long wait ahead for improvement in parental leave
MPs have expressed disappointment after the government confirmed it will not consider updating the parental leave system until at least 2027
NLJ this week: Lord Neuberger on assisted dying
Lord Neuberger, former president of the Supreme Court, shares his views on the Terminally Ill Adults (End of Life) Bill in this week's NLJ with William Raven
NLJ this week: Tackling CPS non-disclosure
Writing in NLJ this week, Nick Brett and Vicky Lankester of Brett Wilson dissect the chronic failures of the Crown Prosecution Service (CPS) in meeting disclosure obligations. From the Post Office scandal to the collapsed trial of Liam Allan, they highlight how systemic neglect has led to wrongful convictions and miscarriages of justice
NLJ this week: Righting Libor wrongs
In July, the Supreme Court quashed the convictions of Tom Hayes and Carlo Palombo, ruling that trial judges had wrongly directed juries to treat profit-motivated Libor submissions as inherently dishonest. In this week’s NLJ, David Stern and James Fletcher of 5 St Andrew’s Hill reflect on the decision
NLJ this week: Civil tweaks & courtroom quirks
In his latest 'Civil way' column for this week's NLJ, Stephen Gold delivers a witty roundup of procedural updates and judicial oddities. From the rise in litigant-in-person hourly rates (£24 from October) to the Supreme Court’s venue hire options (canapés in Courtroom 1, anyone?), Gold blends legal insight with dry humour
Copyright © 2025 LexisNexis
back-to-top-scroll