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Qualified One Way Costs Shifting and CPR 36 - Matthew Rose, Clarion Solicitors

31/10/16. Following the introduction of Qualified One Way Costs Shifting (QOCS), parties have begun seeking to find ways to try to recover their costs where they are not, on the face of it, recoverable. One of the methods currently being tried is to make a CPR 36 offer on the basis that beating a CPR 36 offer will entitle the defendant to all of its costs, assessed on the standard basis.


After the event insurance (ATE) became recoverable inter partes on assessment of costs as a result of the introduction of section 29 of the Access to Justice Act 1999. This section was introduced following the Access to Justice Report (published on 26 July 1996) in which Lord Woolf identified that litigation was ‘…too expensive… and too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant’, and furthermore expressed concern over the level of public expenditure on litigation. This resulted in a shift to a publically funded justice system, to a system in which the costs of litigation were funded by the litigants themselves...

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