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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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