header-logo header-logo

18 October 2016 / Kerry Underwood
Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

One direction

Kerry Underwood examines qualified one-way costs shifting

  • Qualified one-way costs shifting only applies to personal injury work.
  • Under QOCS a losing personal injury claimant does not have to pay costs, but a winning claimant recovers costs as usual from the defendant, hence the “one way”.

Qualified one-way costs shifting (QOCS) was introduced as part of the Jackson Reforms in April 2013 and the relevant rules are CPR 44.12 (set-off) and 44.13 to 44.17 (QOCS).

QOCS applies only to personal injury work, but it applies to all such work whatever its value and whatever type of work and thus for example a clinical negligence case of £2m is covered by QOCS.

Under QOCS a losing personal injury claimant does not have to pay costs, but a winning claimant recovers costs as usual from the defendant, hence the “one way”.

Rationale

The rationale was that such a scheme would make after-the-event (ATE) insurance unnecessary. The collective benefit to defendants—generally insurance companies in such cases in reality—is

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll