One of the Claimant friendly provisions of the Jackson reforms of 2013, QOCS, is retrospective save where CPR 44.17 applies. This reads: “This section does not apply to proceedings where the claimant has entered into a pre-commencement funding arrangement (as defined in rule 48.2).” CPR 48.2 goes on to state that pursuant to CPR 43.2,…
Michael Gosling v (1) Halio (2) Screwfix Direct [Claim No UD17868] Cambridge County Court, 29 April 2014 HHJ Moloney QC Qualified One Way Costs Shifting (QOCS), one of the key changes brought about by the Jackson reforms to bring costs protection to Claimants has generally meant that in any personal injury cases where the Claimant is…
The application of QOCS is in theory straightforward. CPR 44.13 sets out the types of cases which are included, namely personal injury, claims brought under the Fatal Accidents Act 1977 or claims brought under Section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. The same section also specifically states that applications for pre-action disclosure…