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17 March 2023 / Vijay Ganapathy
Issue: 8017 / Categories: Features , Personal injury , Costs , Damages
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Personal injury update: 17 March 2023

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Vijay Ganapathy reflects on the pros and cons of QOCS reform, and highlights developments in the courts on whiplash claims and unsafe exposure
  • The reform of the qualified one-way costs shifting (QOCS) rules has extended the scope of costs recovery for defendants.
  • A recent case has provided reassurance on non-tariff injuries in mixed injury cases.
  • The court has also dealt with the scope of an employer’s duty in a case involving historic asbestos exposure.

Following the last update (‘Personal injury: lessons from 2022’, 172 NLJ 8006, pp11-12), the courts have handed down judgments in cases involving some important issues. In addition, a topic that is occupying many practitioners’ minds presently is the reform of the qualified one-way costs shifting (QOCS) rules which come into effect on 6 April 2023.

Changing the QOCS

As mentioned in the previous update, some of the main aims of QOCS were to deal with litigation costs which Lord Jackson considered were ‘disproportionate’ and to encourage access to justice for claimants.

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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