Anthony Gold Solicitors

This Practice Note looks at how qualified one-way costs shifting (QOCS) works in practice. QOCS limits a losing claimant’s liability to pay costs. The potential exceptions to QOCS are considered, eg where a claim is struck out, the claim is found to be fundamentally dishonest or in a mixed claim where there are personal injury and non-personal injury elements. This Practice Note considers the use of Part 36 offers to put claimants at risk and the tactical use of late discontinuance and strike-out applications. This Practice Note also looks at how QOCS operates in cases with multiple defendants and pre and post LASPO 2012 funding arrangements. It also briefly considers the cost budgeting pilot scheme for certain High Court QOCS cases.

This Practice Note considers the Guide to the Conduct of Cases Involving Serious Injury, which was developed with the objective of collaborative working between the parties in catastrophic claims where damages are over £250,000 but excluding clinical negligence and asbestos related disease claims. This note covers the key aspects of the guide, the types of claims the guide applies to and the main benefits and disadvantages of following the guide. It also provides practical tips for using the guide.