Q&As

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on LexisPSL on 21/11/2017

The following PI & Clinical Negligence Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

Given the reference to CPR 45.29G, this Q&A assumes that the defendant’s counterclaim included a claim for personal injuries to which the RTA Protocol applies (ie one for between £1,000 and £25,000). See Practice Note: Fixed costs in road traffic accident claims.

CPR 45.29G specifies that, in these circumstances, and where the counterclaim succeeds, CPR 45.29B, CPR 45.29C, CPR 45.29I, CPR 45.29J, CPR 45.29K and CPR 45.29L apply: this applies the whole of the relevant fixed costs regime to the counterclaim, and provides for the defendant recovering their costs as if the counterclaim were a stand-alone claim.

This is consistent with CPR 20.3(1): ‘an additional claim [including a counterclaim] shall be treated as if it were a claim for the purposes of these Rules, except

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