Claimants & QOCS: caught in a trap?

21 April 2023 / Samuel Hayman , Tom Jenkinson

Issue: 8021 / Categories: Features , Personal injury , Costs , Procedure & practice , Damages

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

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Claimants & QOCS: caught in a trap?

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.

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

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Claimants & QOCS: caught in a trap?

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Freeths—Suzanne Porter

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mfg Solicitors—Richard Port