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21 April 2023
Issue: 8021 / Categories: Legal News , Costs , Personal injury , Damages , Procedure & practice
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NLJ this week: QOCS reform creates ‘perilous’ situation for claimants

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The recent change to QOCS (qualified one-way costs shifting) may have tipped the balance in favour of defendants, Samuel Hayman, partner, and Tom Jenkinson, senior associate solicitor, Bolt Burdon Kemp, write in this week’s NLJ.

Hayman and Jenkinson explain the background to the QOCS change, which came into force on 6 April, and what it means for claimants and defendants. They argue the reforms are a step too far and increase the risks for claimants beyond what can be considered acceptable.

The reason for introducing QOCS in the first place was to protect claimants from the potential financial blight of costs orders, after the Jackson reforms abolished recoverability of after-the-event insurance premiums.

The April reforms, however, create ‘a perilous situation for claimants in facing liabilities for defendants’ costs, completely against Sir Rupert Jackson’s reforms,’ Hayman and Jenkinson write. ‘The imbalance of power underlying this situation cannot be ignored.’ 

See the latest on QOCS here.

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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