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Personal injury update: 17 March 2023

17 March 2023 / Vijay Ganapathy
Issue: 8017 / Categories: Features , Personal injury , Costs , Damages
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Vijay Ganapathy reflects on the pros and cons of QOCS reform, and highlights developments in the courts on whiplash claims and unsafe exposure
  • The reform of the qualified one-way costs shifting (QOCS) rules has extended the scope of costs recovery for defendants.
  • A recent case has provided reassurance on non-tariff injuries in mixed injury cases.
  • The court has also dealt with the scope of an employer’s duty in a case involving historic asbestos exposure.

Following the last update (‘Personal injury: lessons from 2022’, 172 NLJ 8006, pp11-12), the courts have handed down judgments in cases involving some important issues. In addition, a topic that is occupying many practitioners’ minds presently is the reform of the qualified one-way costs shifting (QOCS) rules which come into effect on 6 April 2023.

Changing the QOCS

As mentioned in the previous update, some of the main aims of QOCS were to deal with litigation costs which Lord Jackson considered were ‘disproportionate’ and to encourage access to justice for claimants.

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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