header-logo header-logo

17 March 2023 / Vijay Ganapathy
Issue: 8017 / Categories: Features , Personal injury , Costs , Damages
printer mail-detail

Personal injury update: 17 March 2023

114797
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.

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll