The following PI & Clinical Negligence practice note produced in partnership with Sam David of Anthony Gold Solicitors provides comprehensive and up to date legal information covering:
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. QOCS applies to claimants in personal injury and clinical negligence claims and the regime usually limits a losing claimant’s liability to pay costs. The relevant CPR provisions are CPR 44.13 to CPR 44.17 and CPR PD 44, para 12.
The QOCS scheme does not prevent costs orders from being made in favour of defendants. However, it does limit the extent to which such orders can be enforced. 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 those costs up to £50,000. As set out in CPR 44.14(1) the rules permit the enforcement of defendant costs orders ‘but only to the extent that the aggregate amount in money terms of such orders does not exceed the aggregate amount
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