Tag Archives: 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 […]

MORE ABOUT QOCS: CAN THEY APPLY ON APPEAL IF THE CLAIMANT HAD A PRE-APRIL 2013 CFA?

An earlier post on the risks posed by the transitional provisions of QOCS led to several comments. One of those comments was the question whether you can get QOCS protection on appeal if the original CFA did not cover appeals.  A decision of  a High Court Master last month gives a clear answer to this […]

THE TRANSITIONAL PROVISIONS OF QOCS: A DANGER AREA

I have seen a few problems recently with the transitional provisions of QOCS. In essence if the claimant has entered into a conditional fee agreement at any time in the past then they cannot have the benefit of QOCS.  A prudent solicitor taking on new clients must always check to ensure that there have been […]