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Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

26th Sep

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

26th Sep

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Applications—specific content

Practice notes

Strike out—court’s inherent jurisdiction and discretion

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

25th Sep

Practice notes

Security for costs—ATE insurance

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

25th Sep

Practice notes

References to the Court of Justice of the EU

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Cross border enforcement of default judgments

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering how to enforcement...

25th Sep

Practice notes

Strike out and summary judgment of court’s own initiative

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

25th Sep

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering making an application...

25th Sep

Practice notes

Reference to the European Court of Justice—prior to and including transmission

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering making an application...

25th Sep

Practice notes

Security for costs—additional security

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

25th Sep

Practice notes

Security for costs—payment into and out of court

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

25th Sep

Practice notes

Security for costs—level of security

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

26th Sep

Practice notes

Reference to the European Court of Justice (pre-October 2013) [Archived]

This Practice Note has been archived and is not updatedWhat is a reference to the European Court?The Court of Justice of the European Communities...

26th Sep

Practice notes

Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this...

26th Sep

Practice notes

Default judgment—setting aside under CPR 13.3

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

26th Sep

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

26th Sep

Practice notes

Security for costs—equivalent orders

This Practice Note considers Civil Procedure Rules (CPR) and practice directions which provide orders for security for costs which are equivalent to...

26th Sep

Precedents

Order for strike out on the basis of no reasonable grounds

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

26th Sep

Precedents

Letter to claimant explaining a request for security for costs against a company under CPR 25.13(2)(c)

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

26th Sep

Practice notes

Security for costs—counterclaims and set-offs

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

26th Sep

Precedents

Order for strike out on the basis of abuse of process

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

26th Sep

Precedents

Letter requesting security for costs from the claimant

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

26th Sep