The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR provisions are CPR 44.13 to CPR 44.17 and CPR PD 44, para 12.
The QOCS regime usually limits a losing claimant’s liability to pay costs.
QOCS does not seek to constrain the court from making costs orders but rather the use which defendants can make of costs orders in their favour.
Generally, defendants’ costs may be enforced up to the amount of any court order for damages and interest made in favour of the claimant. This is effectively a cap on the amount of the defendant’s costs which can be enforced. For example, if a claimant is ordered an award of £50,000 in damages and interest and also ordered to pay £65,000 of the defendant’s costs, the defendant will only be able to enforce that costs order up to £50,000.
However, orders for costs may be enforced against a claimant without limit where:
the claim has been struck out as disclosing no cause of action, as an abuse of process or on account of obstructive conduct (the court order striking out the claim will make it clear
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