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PI Brief Update

Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers

15/03/15. Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for Claimants and Defendants seeking to recover their costs. Cases subject to the new Qualified One Way Costs Shifting, or QOCS, regime introduced on 1 April 2013 are now starting to reach trial in numbers.

CPR 44.15 and 44.16 are among the provisions introduced by QOCS to counterbalance the attack on ATE insurance. CPR 44.13-14 are drafted somewhat clumsily. CPR 44.14 states:

"Subject to rules 44.15 and 44.16, orders for costs made against a claimant may be enforced with permission of the court but only to the extent that the aggregate amount in money terms of such orders does not exceed the aggregate amount in money terms of any orders for damages and interest made in favour of the claimant."

In effect, CPR 44.14 means that a claimant does not...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

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. 

Professional advice should always be obtained before applying any information to particular circumstances.

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.