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24 February 2023 / David Bailey-Vella
Issue: 8014 / Categories: Features , Profession , Costs , Damages
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Watching the QOCS

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Has the delicate balance put in place by Lord Justice Jackson toppled over? David Bailey-Vella reports on the new landscape for qualified one-way costs shifting
  • The landscape for qualified one-way costs shifting is changing after a raft of satellite litigation.
  • The biggest issue in recent years has been the ability of unsuccessful defendants to set off costs awarded to them against only the damages awarded to the claimant, with the courts indicating this is a matter for the Civil Procedure Rule Committee.
  • A new statutory instrument coming into effect in April appears to favour defendants, claimant lawyers argue.

When Lord Justice Jackson recommended the introduction of qualified one-way costs shifting (QOCS), I wonder if he anticipated just how much satellite litigation it would cause, and for how long.

There has been a rash of such cases, especially since last autumn. These include, in no particular order of importance:

  • Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407: the Court of Appeal held that dismissal of the personal injury
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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