Have the changes to the qualified one-way costs shifting regime tipped the scales too far in favour of defendants? Samuel Hayman & Tom Jenkinson examine the perilous new situation for claimants
- Changes to QOCS rules from 6 April 2023 mean there will be an increased risk of adverse costs for claimants in personal injury litigation.
- The rules won’t be enforceable for cases initiated prior to 6 April 2023.
- It seems the new rules only benefit claimants where the claim is discontinued and there are no damages or costs at all.
The qualified one-way costs shifting (QOCS) regime for cases issued prior to 6 April 2023 was clarified in two key cases: Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654, [2018] All ER (D) 99 (Jul) and Ho v Adelekun [2021] UKSC 43, [2021] All ER (D) 17 (Oct).
These cases meant that costs orders in a defendant’s favour are unenforceable, unless there are ‘damages ordered’ in the context of CPR 44.14—essentially meaning that defendants have to run cases to trial
