Costs: QOCS and Part 20 claims

QM Legal Costs | Personal Injury Law Journal | April 2018 #164
Defendants need to be aware of the potential costs consequences of joining another defendant to the action, as Paul Jones explains ‘Unlike the situation in Plevin and Landau, where there was only ever one underlying dispute, in this case the original dispute with the defendant, for which the claimant had entered into the CFA, and …

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QOCS: Switching CFAs

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | October 2017 #159
Darren Lewis reviews a recent Court of Appeal decision clarifying QOCS where there have been pre and post 1 April 2013 conditional fee agreements ‘Litigants were faced with two conflicting approaches: one based on an expansive definition of proceedings and one with a narrow definition of proceedings and a focus on the notional recovery of …

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Costs: A troublesome transition

QM Legal Costs | Personal Injury Law Journal | September 2017 #158
Paul Jones reports on the timing of conditional fee agreements and the application of QOCS ‘The defendant submitted that the claimant was seeking to change the wording of the transitional provision from “pre-commencement funding arrangement” to “unterminated pre-commencement funding arrangement” when there was no justification for the same.’ Transition between legislation is always troublesome. When …

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Costs: The appeal of QOCS

QM Legal Costs | Personal Injury Law Journal | July/August 2016 #147
Paul Jones explores a case concerning whether a costs order applied to an appeal ‘The intention of the QOCS rules was to afford costs protection to claimants and, therefore, it would not be appropriate to treat the appeal as separate proceedings such that QOCS did not apply.’ It is now over three years since the …

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Costs: QOCS

QM Legal Costs | Personal Injury Law Journal | September 2015 #138
Paul Jones discusses the application of qualified one-way costs shifting in a case concerning pre-commencement funding arrangements ‘Given that the new rules prohibited the claimant from being able to recover her additional liabilities in these proceedings, she should also get the benefit of QOCS and not be liable for the defendant’s costs of those proceedings.’ …

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