Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 – Law Journals

Counterclaims: QOCS – the outer limits

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 …

Continue reading "Counterclaims: QOCS – the outer limits"

This post is only available to members.

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

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 …

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

This post is only available to members.

Costs: The appeal of QOCS

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 …

Continue reading "Costs: The appeal of QOCS"

This post is only available to members.

QOCS: A costly situation

Gareth Price explores the situations in which QOCS protection might be forfeited ‘Where the “claim” is found, on the balance of probabilities, to be fundamentally dishonest, an order for costs may be enforced to the full extent with permission from the court.’ The effect of qualified one-way costs shifting (QOCS) is that any costs order …

Continue reading "QOCS: A costly situation"

This post is only available to members.

Costs: Qualified one-way costs shifting – round 1

The first Court of Appeal decision looking at the QOCS reforms has been handed down, Paul Jones reports ‘The third party’s appeal was simply that QOCS did not apply to the Part 20 proceedings in Wagenaar v Weekend Travel Ltd and Serradj between the defendant and the third party, but the defendant’s appeal was more …

Continue reading "Costs: Qualified one-way costs shifting – round 1"

This post is only available to members.