February
Articles matching "qocs"
QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
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Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
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Noise induced hearing loss: claimant's solicitors ordered to pay wasted costs following late discontinuance
Stephen Symington, Associate Solicitor in the DWF Occupational Health Team in Leeds, acted for the defendant, The Secretary of State for the Department of Transport, in an application to have the…
Read moreQOCS: further judgment says no protection for defendant as to costs of a counterclaim
David Brown and Steven Dawson consider the decision in Waring v McDonnell (2018) as another county court decision on the effect of QOCS on counterclaims following swiftly on the heels of the earlier…
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QOCS: refusal of permission to appeal suggests parties counterclaiming for personal injuries may be able to escape costs liabilities
Steven Dawson and David Brown look at the recent QOCS case of Ketchion v McEwan (2018) and the implications for defendants.
Read moreA potential way out of QOCS for defendants in mixed claims made clearer
In the recent decision in The Commissioner of Police of the Metropolis & Anor v Brown (2018) Mrs Justice Whipple has held that in mixed claims (claims arising out of a cause of action for both…
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Successful defence of high value road traffic claim in QOCS environment
DWF has successfully acted for Aviva and their insured in a claim following a road traffic accident on a slip road where the claimant motorcyclist alleged the defendant had been negligent in slowing…
Read moreInvestigation into suspected exaggeration helps QBE defeat £150,000 claim and recover costs
DWF, Cunningham Lindsey t/a Sedgwick, and QBE have successfully obtained a finding of fundamental dishonesty against a claimant who exaggerated the nature and extent of the injuries he suffered in an…
Read moreNo need to plead fraud but a need to tread carefully
The Court of Appeal has confirmed that there is no need for a defendant to plead fraud in order to argue that a claim is fundamentally dishonest for the purpose of the Qualified One-Way Costs Shifting…
Read moreFundamental dishonesty goes beyond claims in the fast track
Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case,…
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