Qualified One Way Cost Shifting (QOCS)

Posted by radford on January 6, 2012

The Ministry of Justice have announced their intention to introduce Qualified One Way Cost Shifting (QOCS). Under QOCS the defendant will have to pay his own costs and the other sides costs irrespective of whether the case is won or lost.

However there are qualifications relating to a financial test and conduct as well as uncertainty surrounding whether a claimant will have to pay a fixed amount on lost cases and exactly how a part 36 offer will be dealt with under QOCS.

The Civil Justice council ( CJC) and the Ministry of Justice (MOJ) held an experts' technical meeting to look at the CJC papers on QOCS, part 36, and proportionality and we are now awaiting the feedback from the MOJ

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