I am grateful to barrister Andrew Lyons for sending me a copy of the judgment of HHJ Freedman in Ketchion -v- McEwan (28th June 2018), a copy of which is available here, 1061737_Ketchion v McEwan_Judgment for Approval_26 6 18. It is a case that considers the limits of QOCS. An unsuccessful counter...
I can’t understand this. The claimant only received \around £7k in damages for a non-PI claim, indicating he must have run it as a small claim.
The fixed costs would only have been a few hundred quid at best, so why on earth would they bother to incur the effort and cost of appealing such a decision?
So if C sues D. C Claiming PI. D counterclaims, also claiming PI. C wins, counterclaim dismissed. Does this mean C will not be able to get his fixed costs under CPR 45.29 from D’s insurer, because D is protected by QWOCS?