Qualified One Way Cost Shifting (QOCS)

Posted by Mike on April 12, 2012

QOCS is not on face of Bill –and it will be for the Civil Justice council to produce the rules. There remains the possibility of a claimant having to pay a contribution towards defendant’s costs.

It is likely that a reasonableness test will be applied but as yet this is not defined. Furthermore the relationship between QOCS and a Part 36 offer will need to be clearly specified.

It is not clear how discontinued cases will be affected. QOCS will initially apply to personal injury but this is not defined. For example is a £2k whiplash with £15k car hire loss a Personal injury or not ??

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