Tag Archives: QOCS

KERRY UNDERWOOD ON QOCS: A REVIEW

A review of QOCS, Section 57 and Set off. Kerry Underwood. £25.00. Available online here Qualified one way costs shifting is here to stay.  It may be extended to other areas.  A detailed knowledge of the rules and regulations is now essential to most practitioners.  So will you benefit from reading Kerry’s book? THE PURPOSE […]

DEFENDANT COUNTERCLAIMING EXEMPLARY DAMAGES AGAINST FRAUDULENT CLAIMANTS: AN INTERESTING REPORT

There is a report in the DWF update section of the case of Akhtar & Khan -v- Ball, a decision of HHJ Gregory on 10.7.15. It raises an interesting issue in relation to a counterclaim by a defendant faced with a fraudulent claim. The defendant counterclaimed claiming damages in the tort of deceit and was […]

THE EFFECT OF QOCS ON LITIGATION: HERE’S THE THING: CASES WILL BE FOUGHT ON THEIR MERITS

There has been much debate about the impact of QOCS on litigation. To date much of this has, inevitably, been speculative. However it is worthwhile reading George Riley’s article, Fundamental dishonesty and litigation in the post-Jackson landscape.  This shows, honestly and clearly, the thinking behind the defendant’s stance in a case that – pre QOCS […]

QOCS, STRIKING OUT AND THE LIABILITY TO PAY IN FULL: A COUNTY COURT DECISION

I am grateful to Colm Nugent of Hardwicke Chambers for sending me a copy of the judgment in Wall -v- British Canoe Union. A decision of HH Judge Lopez in Birmingham County Court on the 30th July 2015.  The judgment deals with important issues of negligence and liability which makes it worthwhile reading in any […]

THE TRANSITIONAL PROVISIONS OF QOCS: IMPORTANT AND INTERESTING DECISION: THE MEANING OF “PROCEEDINGS”

There is an interesting decision on checkmylegalfees.com website in relation to the transitional provisions of the QOCS regulations.  The full transcript of Casseldine -v- The Diocese of Llandaff Board for Social Responsibility (Regional Costs Judge Phillips, Cardiff County Court 15th July 2015)  is also available here. (Courtesy of the same website). THE CASE The claimant lost […]

SETTING ASIDE NOTICE OF DISCONTINUANCE IN A QOCS CASE: TWO INTERESTING DECISIONS

I am grateful to Rebecca Jones of Hardwicke Chambers for sending me details of an important decision in relation to setting aside a notice of discontinuance served by a claimant in a costs case. The note of the judgment below has been provided by Rebecca.  The post on the Hardwicke Case Reports page can be […]

“FUNDAMENTAL DISHONESTY” A ROUND UP OF CASES & COMMENTARY

The earlier post on the procedural aspects of “fundamental” dishonesty led to the most visitors to the blog in a weekend ever.  Here we look at posts, articles, comments and cases in relation to the concept of fundamental dishonesty. REPORTED CASES ON FUNDAMENTAL DISHONESTY The cases to date have been at first instance. We are […]