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

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
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
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’
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
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
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
back-to-top-scroll