PI & Clinical Negligence analysis: The issue before the Supreme Court in Adelekun v Ho was whether it is permissible in claims to which Qualified One Way Costs Shifting (QOCS) applies to order set off of a defendant’s costs against a claimant’s costs. The court unanimously held that, as a matter of construction, set off in this context was a species of enforcement and therefore precluded where it exceeded the cap reflecting the sum of any orders for damages and interest made in favour of the claimant. Therefore, where there is no such order (eg because the claim concludes by settlement rather than by order, or is dismissed), a defendant cannot recover any of its costs absent some other exception (eg fundamental dishonesty) applying. Any costs orders in favour of a claimant are protected from set off, even where the balance of costs would be heavily in the defendant’s favour. Likewise, where the claimant only recovers limited damages, a defendant who eg betters its Part 36 offer cannot recover any of its costs beyond that limit. Written by Andrew Roy, barristers, head of 12 King’s Bench Walk Costs Team, Deputy Costs Judge, junior counsel for the respondent in Adelekun.