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A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (24th edn)

Stuart Sime
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date: 05 October 2022

47p. 532 Qualified One-Way Costs Shiftinglocked

47p. 532 Qualified One-Way Costs Shiftinglocked

  • Stuart SimeStuart SimeAssociate Dean and Head of Department, The City Law School, City, University of London

Abstract

Qualified one-way costs shifting (QOCS) provides costs protection to claimants in personal injuries claims. If the claimant wins, the defendant should be ordered to pay the claimant’s costs in the usual way. However, if the claimant loses, under QOCS, while the claimant remains liable to pay its own lawyers’ costs, and may be ordered to pay the successful defendant’s costs, the claimant will be protected against actually having to pay those costs to the defendant. This chapter discusses cases where QOCS applies; the effects of QOCS; and loss of QOCS protection.

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