header-logo header-logo

Home Login E-newsletter About us
23 October 2014 / Meghann McTague
Issue: 7627 / Categories: Features , Personal injury
printer mail-detail

Beware the Jabber-QOCS!

© Copyright LexisNexis 2026. All Rights Reserved.
mctyre

Meghann McTague issues a particular warning to defendants in cross-border claims

In August 2014, the Court of Appeal considered a number of questions relating to both the validity and scope of the qualified one-way costs shifting system (QOCS) at CPR 44.13 to 44.17 (Wagenaar v Weekend Travel Ltd t/a Ski Weekend [2014] EWCA Civ 1105, [2014] All ER (D) 24 (Aug)).

Background

Six months on from the commencement of the new regime following Lord Justice Jackson’s wide-reaching reforms, practitioners are acutely aware of the costs consequences for those claims in which there is not a pre-commencement funding arrangement in place.

QOCS was introduced as part of the package of reforms, including the removal of the recovery of ATE premiums and success fees from unsuccessful defendants, inter alia. The quid pro quo for claimants making personal injury claims was that, subject to a number of exceptions (CPR 44.15), they would not be exposed to a costs risk (beyond any damages awarded to them) in the event that they were unsuccessful; albeit the QOCS system prevents the enforcement of a costs order rather

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll