header-logo header-logo

18 June 2025
Issue: 8121 / Categories: Legal News , Costs , Personal injury , Insurance / reinsurance
printer mail-detail

Birss LJ offers clarity on credit hire & QOCS

Credit hire organisations must pay defendants’ costs when claimants are unsuccessful, the Court of Appeal has held

In Tescher v Direct Accident Management Ltd; AXA Insurance UK Plc v Spectra Drive Ltd [2025] EWCA Civ 733, the two cases involved road traffic accident (RTA) claims for personal injury and credit hire costs. Costs orders were made against the claimants, but these could not be enforced due to the qualified one-way costs shifting (QOCS) scheme. The defendants applied for non-party costs orders against the credit hire company, but were refused.

Therefore, the question before the court was: if a credit hire case fails, when should the credit hire company be liable for the defendant’s costs?

Lord Justice Birss, giving the main judgment, said: ‘Anecdotally, credit hire RTA cases represent a significant volume of the trial work of district judges, outside the small claims track.’ He gave guidance on credit hire RTA cases—a staple of the district judge diet.

Birss LJ suggested judges approach the use of their discretion on QOCS in two steps. First, should a non-party costs order of some kind against the credit hire company be made? Second, how much?

Birss LJ said that ‘absent some reason why not, when a claimant has been ordered to pay the costs and QOCS applies, a non-party cost order against the credit hire company is likely’. He stated that a non-party costs order will usually be made ‘absent special circumstances’.

The court granted Tescher’s insurer Admiral a non-party costs order for all the defendant’s costs, and AXA an order for 65% of defendant’s costs.

Graeme Mulvoy, partner at HF, acting for Admiral, said: ‘It was right for us to leapfrog this case to the Court of Appeal and this decision will hopefully see more discipline from credit hire organisations when pursuing unmeritorious claims given the risks associated with that approach.’

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll