Q&As

What is the cost position of a withdrawn application in a post qualified one-way costs shifting (QOCS) personal injury case? Absent of any agreement as to costs (eg 'costs in the case' or 'no order for costs'), is the Defendant entitled to any Order/declaration as to the costs on a withdrawn application? Is the situation affected if there is a material change after the application has been filed?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 28/08/2018

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • What is the cost position of a withdrawn application in a post qualified one-way costs shifting (QOCS) personal injury case? Absent of any agreement as to costs (eg 'costs in the case' or 'no order for costs'), is the Defendant entitled to any Order/declaration as to the costs on a withdrawn application? Is the situation affected if there is a material change after the application has been filed?

What is the cost position of a withdrawn application in a post qualified one-way costs shifting (QOCS) personal injury case? Absent of any agreement as to costs (eg 'costs in the case' or 'no order for costs'), is the Defendant entitled to any Order/declaration as to the costs on a withdrawn application? Is the situation affected if there is a material change after the application has been filed?

It is assumed for the purposes of this Q&A that the ‘application’ referred to is an Interlocutory Application, made pursuant to CPR Part 23 (for example, an Application for Specific Disclosure or for an Interim Payment made during the course of proceedings). Withdrawal of Interlocutory Applications arises relatively frequently in practice.

As to Interlocutory Applications, the operation of Qualified One-Way Costs Shifting (QOCS) is somewhat of a red herring. QOCS has no impact on the rules or the practice of the Court in making Costs Orders against a Claimant (whether following an unsuccessful Interlocutory Application or following the dismissal of proceedings at Trial). Costs awards are made in the identical manner in QOCS and non-QOCS cases.

QOCS operates in order to affect the ability of Defendants to enforce costs awards made in their favour in the same way as used

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