ANOTHER QOCS AND PART 36 CASE: COURT MAKING ORDER UNDER PART 36 DID NOT LEAD TO QOCS PROTECTION BEING OUSTED

ANOTHER QOCS AND PART 36 CASE: COURT MAKING ORDER UNDER PART 36 DID NOT LEAD TO QOCS PROTECTION BEING OUSTED

In University Hospitals of Derby & Burton NHS Foundation Trust -v- Harrison [2022] EWCA Civ 1660 *  the Court of Appeal rejected the defendant’s argument that QOCS protection was lost when the court was called upon to make an order…

QOCS PROTECTION APPLIED TO THE PERIOD BEFORE THE CLAIM WAS AMENDED TO PLEAD A CLAIM FOR PERSONAL INJURY: HIGH COURT DECISION TODAY

QOCS PROTECTION APPLIED TO THE PERIOD BEFORE THE CLAIM WAS AMENDED TO PLEAD A CLAIM FOR PERSONAL INJURY: HIGH COURT DECISION TODAY

In Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) Mr Justice Bourne held that an action could not become subject to QOCS part way through. If the claim was a personal injury claim at trial then…

CLAIMANT'S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME

CLAIMANT’S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME

In  Chappell v Mrozek [2022] EWHC 3147 (KB) Master Stevens rejected the defendant’s argument that the claimant’s entitlement to costs, arising from late acceptance of a Part 36 offer,  could be enforced from the claimant’s damages.  The judgment examines the…

COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)

COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)

In Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) Senior Master Fontaine considered the costs consequences of the decisions made in her judgment, considered in an earlier post.  The Master held that…

QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION

QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION

In Macaulay v Karim & Anor [2022] EWHC 1270 (SCCO) Senior Costs Judge Gordon-Saker found that a legally aided claimant had the protection of QOCS.  A defendant who had a costs order in its favour could not enforce that order…