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21 April 2023
Issue: 8021 / Categories: Legal News , Costs , Personal injury , Damages , Procedure & practice
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NLJ this week: QOCS reform creates ‘perilous’ situation for claimants

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The recent change to QOCS (qualified one-way costs shifting) may have tipped the balance in favour of defendants, Samuel Hayman, partner, and Tom Jenkinson, senior associate solicitor, Bolt Burdon Kemp, write in this week’s NLJ.

Hayman and Jenkinson explain the background to the QOCS change, which came into force on 6 April, and what it means for claimants and defendants. They argue the reforms are a step too far and increase the risks for claimants beyond what can be considered acceptable.

The reason for introducing QOCS in the first place was to protect claimants from the potential financial blight of costs orders, after the Jackson reforms abolished recoverability of after-the-event insurance premiums.

The April reforms, however, create ‘a perilous situation for claimants in facing liabilities for defendants’ costs, completely against Sir Rupert Jackson’s reforms,’ Hayman and Jenkinson write. ‘The imbalance of power underlying this situation cannot be ignored.’ 

See the latest on QOCS here.

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Jurit LLP—Caroline Williams

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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
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