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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.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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