Tag Archives: QOCS

FUNDAMENTAL DISHONESTY FINDING SET ASIDE ON APPEAL

The judgment of His Honour Judge Hodge QC in Meadows -v- La Tasca Restaurants Limited [2016]EW Misc B28 (CC) (16 June 2016)  is now available on Bailli.  It contains some important observations about findings of fundamental dishonesty. “In my judgment, the inconsistencies and curiosities highlighted by the judge did not entitle him to go further […]

QOCS & DISCONTINUANCE: ANOTHER CASE (WHERE THE CLAIMANT WAS SUCCESSFUL)

I am grateful to barrister James Bentley for drawing my attention to the judgment of Mr Recorder Berkley in Magon -v- Royal & Sun Alliance Insurance PLC  (26th February 2016). Another decision in relation to QOCS and discontinuance. The District Judge had set aside a notice of discontinuance and ordered the claimant to pay costs.  The […]

CLAIMANT ESTOPPED FROM RELYING ON QOCS: THE NEED TO BE ACCURATE

I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor &  Company Limited (16th June 2016).  This is the second judgment in the matter. The earlier judgment arose from the claimant’s failure to send a fee with an […]

QOCS CONTINUE TO APPLY ON APPEAL: HIGH COURT DECISION

In Parker -v- Butler [2016] EWHC 1251 (QB) Mr Justice Edis decided that QOCS protection continued to apply when a claimant appealed. “To construe the word “proceedings” as excluding an appeal which was necessary if he were to succeed in establishing the claim which had earlier attracted costs protection would do nothing to serve the […]

FUNDAMENTAL DISHONESTY: THE PAST 12 MONTHS: A ROUND UP

On May 10th last year I did a round up of cases and commentary on the issue of fundamental dishonesty.  Here we look at cases and commentary in the past 12 months. CASES Most of the cases are inevitably first instance.  I have linked to transcripts or reports of the cases. In some cases the […]

QOCS AND DISHONESTY: YOU CAN TRY TO CHECK OUT ANY TIME YOU LIKE BUT YOU CAN’T ALWAYS LEAVE

Thanks to Sintons LLP there is now a copy available online of the judgment of HH Judge Gosnell in Rouse -v- Aviva Insurance Limited (15th January 2016). This is another case that relates to discontinuance by the claimant in a QOCS case. “…the service of a notice of discontinuance is not the end of the […]

THE LIMITS OF QOCS: HIGH COURT DECISION TODAY

In Howe -v- Motor Insurers’ Bureau [2016] 884 (QB) Mr Justice Stewart considered the meaning of an action for “personal injury”. He held that  an action against the MIB under several regulations was not an action for personal injury and the claimant did not have the benefit of QOCS protection. “The effect of my ruling […]