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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.

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WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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