Q&As

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?

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Published on LexisPSL on 15/02/2017

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?

Under CPR 36.13(4), the qualified one-way costs shifting (QOCS) protection for a claimant who does not accept a Part 36 offer within 21 days is essentially lost save to the extent that the defendant’s costs exceed the amount of the offer. Depending on the value of the claim and the level of costs incurred, the claimant

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