Application of QOCS protection in a 'mixed' claim: Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) - Anisa Kassamali, Temple Garden Chambers
18/10/22. Mr Justice Bourne considered the application of QOCS protection to claimants who have brought ‘mixed’ claims i.e. a claim for both personal injury damages and other special damages.
Background
The claimant brought a claim for damages against Wokingham Borough Council (‘Wokingham BC’), which was heard in Oxford County Court. The claimant had sought confirmation from Wokingham BC that the vehicle he proposed to purchase was suitable for use as a taxi. Wokingham BC had confirmed that it was. However, following purchase by the claimant, Wokingham BC inspected the vehicle and said that it could not be so used. The claimant’s position was that the loss of his licence and livelihood gave rise to psychiatric illness.
His claim for damages was brought on the basis of (1) discrimination, (2) breach of duty in respect of Wokingham BC’s statutory duties relating to hackney carriage licensing, and (3) negligence in the provision of advice that the vehicle was suitable.
The claimant was successful at first instance in respect of his negligence claim. Moreover, he was awarded general damages of £42,500 for psychiatric injury (but not for consequential financial loss). He also received £290 for prescription charges and sundry litigation expenses.
High Court decision
Mr Justice Bourne allowed Wokingham BC’s appeal. The claimant’s claim was...
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