QOCS and Set-Off

Ho v Adelekun [2021] UKSC 43 In a case to which qualified one-way costs shifting (‘QOCS’) applies, can a defendant set-off a costs order in its favour against the claimant’s costs where there is no damages award that the defendant can set-off its costs against? That was the issue which…

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…