Qualified one-way costs shifting (QOCS)


Produced in partnership with Samuel David of Anthony Gold Solicitors
Practice notes

Qualified one-way costs shifting (QOCS)


Produced in partnership with Samuel David of Anthony Gold Solicitors

Practice notes
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NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce costs orders made against claimants up to the level of any damages or costs recovered by claimants. The amendments to qualified one-way costs shifting (QOCS) only apply to claims where proceedings are issued on or after 6 April 2023.

What is QOCS?

QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. QOCS applies to claimants in personal injury and clinical negligence claims and the regime usually limits a losing claimant’s liability to pay costs. The relevant CPR provisions are CPR 44.13 to CPR 44.17 and CPR PD 44, para 12.

The QOCS scheme does not prevent costs orders from being made in favour of defendants. However, it does limit the extent to which such orders can be enforced. Generally, cost orders made against a claimant may be enforced

Samuel David
Samuel David

Partner, Anthony Gold Solicitors

Sam is a Partner at Anthony Gold, specialising in personal injury and clinical negligence matters. Throughout his career he has worked closely with Partner Jenny Kennedy on a wide variety of cases. Sam’s clients come to him with a wide range of injuries, from catastrophic personal injury to road traffic accident cases as well as birth injuries through to cauda equina syndrome matters. He has wide experience of dealing with foreign national claims helping people who have been injured whilst working or holidaying in the UK, as well as British nationals injured abroad.

Making a difference at the start of a personal injury claim is very important to Sam and comprehensive rehabilitation for his clients is always at the forefront of his mind.
He is known for his ability to provide compassionate, pragmatic, and realistic legal advice to his clients and/or their families. He aggressively pursues the best financial settlement possible.

Sam is also a regular contributor to Kemp and Kemp.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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