February
Articles matching "qocs"
Fundamental dishonesty found in late notified claim brought 13 months after accident
A late notified, farmed personal injury claim brought under the Qualified One-Way Costs Shifting regime was found to be fundamentally dishonest and was dismissed after the Judge concluded that he…
Read moreLate claims found to be an abuse of process
The court struck out two late notified claims as an abuse of process, where the court found that the claimants were not injured. The claimants had attempted to avoid paying defence costs by…
Read moreGamsby v Rowland
A claim was dismissed after it was found to be fundamentally dishonest, resulting in the Claimant being ordered to repay an interim payment made to him and the Defendant’s costs. Mark Holmes takes us…
Read moreGPS telematics data used to secure finding of fundamental dishonesty
The use of telematics data within the claims process is still very much new ground for insurers. There are numerous issues that require careful consideration and preparation in order to yield the…
Read moreFraudulent claimants count the cost with exemplary damages award
Two Claimants found to be fundamentally dishonest were ordered to pay exemplary damages of £3,000 as well as indemnity costs after being found to be ‘complicit in a criminal conspiracy to defraud’…
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QOCS protection lost after finding of fundamental dishonesty at trial
Gabriel Fay has recently succeeded in obtaining an order disapplying the rules on Qualified One Way Costs Shifting due to a finding of fundamental dishonesty at trial.
Read moreJackson in Action: case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms
Read more“Fundamental dishonesty” – what it might mean
The Qualified One-Way Costs Shifting regime was introduced in personal injury cases on 1st April 2013, but ahead of its introduction many people expressed concern that offering claimants the…
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