QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION
I am grateful to barrister Sarah Robson for sending me a copy of the Court of Appeal judgment today in Wickes -v- Blair (No 2) Costs  EWCA Civ 17. The Court of Appeal held that QOCS protection continues to apply to a “second tier” appeal. (Sarah has written an article on the case – which is available here. This shows that the parties had agreed a “drop hands” deal before handing down of the judgment).
“The purpose of the QOCS regime is to facilitate access to justice for those of limited means…if a claimant’s access to justice is dependent on the availability of the QOCS regime, that access will be significantly reduced if he is exposed to a risk as to the costs of any unsuccessful appeal which he may bring or any successful appeal a defendant may bring against him.”
The claimant had been unsuccessful in an appeal to the Court of Appeal. It was agreed that the claimant should pay the defendant’s costs of the appeal. It was not agreed that the claimant should have QOCS protection.
THE COURT OF APPEAL: QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL
Lord Justice Baker held that QOCS continued to apply.