QOCS-no enforcement after Part 36 acceptance (Chappell v Mrozek)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

PI & Clinical Negligence analysis: The claimant suffered personal injury in a road traffic accident. The defendant made a Part 36 offer. The claimant accepted this long out of time. Qualified One-Way Costs Shifting (QOCS) would normally preclude the defendant enforcing the post-offer costs to which he was entitled. The defendant withheld payment of the agreed damages in an attempt to facilitate enforcement by way of set off against the claimant’s damages. The court held that (1) the claimant was entitled to judgment for the agreed sum; and (2) the defendant could not set off his costs against this sum. The defendant therefore could not enforce or otherwise recover his costs. Written by Andrew Roy, barrister and head of 12 King’s Bench Walk’s Costs Team (junior counsel for the defendant in Ho v Adelekun).