Vijay Ganapathy reflects on the pros and cons of QOCS reform, and highlights developments in the courts on whiplash claims and unsafe exposure
- The reform of the qualified one-way costs shifting (QOCS) rules has extended the scope of costs recovery for defendants.
- A recent case has provided reassurance on non-tariff injuries in mixed injury cases.
- The court has also dealt with the scope of an employer’s duty in a case involving historic asbestos exposure.
Following the last update (‘Personal injury: lessons from 2022’, 172 NLJ 8006, pp11-12), the courts have handed down judgments in cases involving some important issues. In addition, a topic that is occupying many practitioners’ minds presently is the reform of the qualified one-way costs shifting (QOCS) rules which come into effect on 6 April 2023.
Changing the QOCS
As mentioned in the previous update, some of the main aims of QOCS were to deal with litigation costs which Lord Jackson considered were ‘disproportionate’ and to encourage access to justice for claimants. The latter was achieved by ensuring claimants would not
