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17 March 2023 / Vijay Ganapathy
Issue: 8017 / Categories: Features , Personal injury , Costs , Damages
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Personal injury update: 17 March 2023

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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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