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QOCS AND SET-OFF: In the balance

28 November 2017  

Paul McGrath highlights when defendants should consider obtaining an order and/or assessment of costs

Where the standard provisions of QOCS apply, they do not bar an order for costs in the favour of the defendant, nor do they prevent an assessment of such costs taking place. They bar enforcement of the costs. This latter bar usually discourages any assessment taking place at all, but it is important to remember that the bar on enforcement does not in any way prevent the costs being ordered and the amount of costs being assessed.

Additional Info

  • Case(s) Referenced:

    Darini & anor v Markerstudy Group (2017) unreported, Central London County Court, HHJ Dight, 24 April

    Lockley v National Blood Transfusion Service [1992] 1 WLR 492

    Nathanmanna v UK Insurance Company Ltd (2016) unreported, Central London County Court, DJ Avent, 5 May

    R (on the application of Burkett) v London Borough of Hammersmith and Fulham [2004] EWCA Civ 1342

    Vava & ors v Anglo American South Africa Ltd [2013] EWHC 2326 (QB)

Last modified on 28 November 2017