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PI Brief Update

QOCS protection denied in a 'mixed claim' case - Hazel Leeson, Langleys Solicitors

13/01/20. A claimant cannot rely on automatic costs protection simply because they have an injury claim as part of their claim.

In the recent Court of Appeal case of ANDREA BROWN v (1) COMMISSIONER OF POLICE OF THE METROPOLIS (2) CHIEF CONSTABLE OF GREATER MANCHESTER (Respondents) & EQUALITY & HUMAN RIGHTS COMMISSION (Intervener) (2019) EWCA Civ 1724, this issue was considered in detail and guidance has been provided.

The court has ruled that a claimant would not be granted Qualified one-way costs shifting (QOCS) protection just because a part of the claim included a claim for personal injury.

The claimant made a claim for various losses arising from use of private information about her. The claim was brought on a number of footings some of which were successful. The claim also included a claim for damages for personal injury but this aspect of the claim was rejected at trial...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.