header-logo header-logo

One direction

18 October 2016 / Kerry Underwood
Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

Kerry Underwood examines qualified one-way costs shifting

  • Qualified one-way costs shifting only applies to personal injury work.
  • Under QOCS a losing personal injury claimant does not have to pay costs, but a winning claimant recovers costs as usual from the defendant, hence the “one way”.

Qualified one-way costs shifting (QOCS) was introduced as part of the Jackson Reforms in April 2013 and the relevant rules are CPR 44.12 (set-off) and 44.13 to 44.17 (QOCS).

QOCS applies only to personal injury work, but it applies to all such work whatever its value and whatever type of work and thus for example a clinical negligence case of £2m is covered by QOCS.

Under QOCS a losing personal injury claimant does not have to pay costs, but a winning claimant recovers costs as usual from the defendant, hence the “one way”.

Rationale

The rationale was that such a scheme would make after-the-event (ATE) insurance unnecessary. The collective benefit to defendants—generally insurance companies in such cases in reality—is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll