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COSTS: A troublesome transition

30 August 2017  

Paul Jones reports on the timing of conditional fee agreements and the application of QOCS

Transition between legislation is always troublesome. When one regime is replaced by another, consideration must always be given to those cases that straddle the transition from the old to the new. However, no matter how carefully these transitional rules are drafted, there are always cases that do not sit comfortably within the provisions and this truism has shown itself once again in the recent Court of Appeal judgment in Catalano v Espley-Tyas Development Group Ltd [2017], which considered the transitional provisions for qualified one-way costs shifting (QOCS).

Additional Info

  • Case(s) Referenced:

    Casseldine v The Diocese of Llandaff Board for Social Responsibility (2015) unreported, Cardiff County Court, 3 July

    Catalano Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132

    Landau v The Big Bus Company & anor (2014) unreported, Senior Courts Costs Office, 31 October

Last modified on 30 August 2017