header-logo header-logo

18 June 2025
Issue: 8121 / Categories: Legal News , Costs , Personal injury , Insurance / reinsurance
printer mail-detail

Birss LJ offers clarity on credit hire & QOCS

Credit hire organisations must pay defendants’ costs when claimants are unsuccessful, the Court of Appeal has held

In Tescher v Direct Accident Management Ltd; AXA Insurance UK Plc v Spectra Drive Ltd [2025] EWCA Civ 733, the two cases involved road traffic accident (RTA) claims for personal injury and credit hire costs. Costs orders were made against the claimants, but these could not be enforced due to the qualified one-way costs shifting (QOCS) scheme. The defendants applied for non-party costs orders against the credit hire company, but were refused.

Therefore, the question before the court was: if a credit hire case fails, when should the credit hire company be liable for the defendant’s costs?

Lord Justice Birss, giving the main judgment, said: ‘Anecdotally, credit hire RTA cases represent a significant volume of the trial work of district judges, outside the small claims track.’ He gave guidance on credit hire RTA cases—a staple of the district judge diet.

Birss LJ suggested judges approach the use of their discretion on QOCS in two steps. First, should a non-party costs order of some kind against the credit hire company be made? Second, how much?

Birss LJ said that ‘absent some reason why not, when a claimant has been ordered to pay the costs and QOCS applies, a non-party cost order against the credit hire company is likely’. He stated that a non-party costs order will usually be made ‘absent special circumstances’.

The court granted Tescher’s insurer Admiral a non-party costs order for all the defendant’s costs, and AXA an order for 65% of defendant’s costs.

Graeme Mulvoy, partner at HF, acting for Admiral, said: ‘It was right for us to leapfrog this case to the Court of Appeal and this decision will hopefully see more discipline from credit hire organisations when pursuing unmeritorious claims given the risks associated with that approach.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll