Has the delicate balance put in place by
Lord Justice Jackson toppled over? David
Bailey-Vella reports on the new landscape
for qualified one-way costs shifting
- The landscape for qualified one-way costs shifting is changing after a raft of satellite litigation.
- The biggest issue in recent years has been the ability of unsuccessful defendants to set off costs awarded to them against only the damages awarded to the claimant, with the courts indicating this is a matter for the Civil Procedure Rule Committee.
- A new statutory instrument coming into effect in April appears to favour defendants, claimant lawyers argue.
When Lord Justice Jackson recommended the introduction of qualified one-way costs shifting (QOCS), I wonder if he anticipated just how much satellite litigation it would cause, and for how long.
There has been a rash of such cases, especially since last autumn. These include, in no particular order of importance:
- Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407: the Court of Appeal held that dismissal of the personal injury element of a mixed claim did not mean the proceedings had concluded
