Counterclaims: QOCS – the outer limits

Temple Garden Chambers | Personal Injury Law Journal | September 2019 #178
Anthony Johnson reviews the costs position where a defendant pursues an unsuccessful counterclaim ‘Can a claimant (who may or may not have themselves pursued a personal injury claim) recover costs in the ordinary course of events or can the defendant rely upon QOCS protection deriving from their own personal injury claim?’ While the meaning and …

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Case report: Ketchion v McEwan (2018) unreported, Newcastle upon Tyne County Court, HHJ Freedman, 28 June

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2018 #170
Costs recovery; QOCS protection; counterclaims ‘A claimant who successfully established a claim for catastrophic injuries would not recover a penny of costs if the defendant happened to have even a weak counterclaim for minor whiplash.’ This recent costs case, if correctly decided, has dramatic and far-reaching implications for personal injury litigation. This article will consider …

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