THE NEW RULES ON QOCS 3: WHAT INFORMED COMMENTATORS ARE SAYING: & TWO USEFUL WEBINARS

In the third in this series I thought it would be useful to highlight what informed commentators are saying in relation the new rules.  I have gathered a range of views below.  I have taken some key comments, however reading the original posts is always essential.  I have also arranged two webinars to help practitioners with procedural issues and problems arising from the changes.

 

WEBINARS ON MITIGATING THE IMPACT OF THE CHANGES

Prior to the new rules coming into force I am giving two webinars that outline the practical steps practitioners must take to protect their client, and their own, position.

Reducing the risks of adverse costs orders in civil litigation  webinar on the 23rd March 2023

This webinar looks at the practical impact of the rules change to the rules to   It then looks at the best strategy to avoid the risks of adverse costs orders.

  • Why do adverse costs orders get made?
  • Steps to avoid the risks of adverse costs orders
  • Common mistakes and how to avoid them
  • Mitigating the effect of any costs order

It covers areas relating to extensions of time, relief from sanctions and interlocutory disputes.  Booking details are available here.

What to do if the defendant makes an early Part 36 offer  webinar on the 30th March 2023

The changes to the rules as to the set off of QOCS makes the proper assessment of Part 36 offers of even more importance. Not only will the costs incurred after the offer not be recoverable, the defendant’s costs will be set off against those costs that could be recovered.

The making of an early Part 36 offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that need to be taken is essential to all those involved in litigation.  This webinar addresses those issues.

  • Why a Part 36 offer can never be ignored
  • The rules relating to late acceptance
  • The case law  relating to late acceptance
  • The practical steps the claimant’s lawyers can do to mitigate the risks
  • Assessing the risks and advising the client

Booking details are available here.

USEFUL COMMENTARIES ON THE RULE CHANGES

 

COSTS BARRISTER BLOG – ANDREW

In “That Hard Six” my colleague Andrew Hogan sets out the six points practitioners need to watch.

  • A claimant could end up in debt to his own lawyers.
  • There is an incentive for a claimant to take a marginal case to trial.
  • A second wind for the ATE insurance industry.
  • Issue before the 6th April 2023.
  • Will the courts be overwhelmed in March?
  • The rules are not retrospective.

DAC Beachcroft

Personal injury costs recovery and the retreat from Cartwright, Ho and Harrison

“The changes will encourage settlements at an early stage and ensure parties seriously engage in meaningful attempts to resolve meritorious claims more swiftly, which will benefit injured claimants.”

THE COSTS LAWYER

QOCS change from 6 April to allow defendants to offset against costs as well as damages

CARTER BURNETT

CLARION

Important Changes to the Qualified One Way Costs Shifting (QOCS) Rules

“Defendants will be motivated to make early Part 36 offers, in some cases before any, or adequate, expert evidence has been obtained. These early offers will need to be given extremely thorough consideration and could result in many claims settling prematurely simply because of the very real concerns of the claimant regarding their potential costs liabilities.”

PLEXUS LAW

The Civil Procedure (Amendment) Rules 2023 and their impact on QOCs.

“For the Defendant market it is hard to conceive of a more favourable change that could have been made and will be a welcome respite from the recent battering Defendants have taken on QOCs in the Courts.”