QOCS: Switching CFAs

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | October 2017 #159
Darren Lewis reviews a recent Court of Appeal decision clarifying QOCS where there have been pre and post 1 April 2013 conditional fee agreements ‘Litigants were faced with two conflicting approaches: one based on an expansive definition of proceedings and one with a narrow definition of proceedings and a focus on the notional recovery of …

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Costs: A troublesome transition

QM Legal Costs | Personal Injury Law Journal | September 2017 #158
Paul Jones reports on the timing of conditional fee agreements and the application of QOCS ‘The defendant submitted that the claimant was seeking to change the wording of the transitional provision from “pre-commencement funding arrangement” to “unterminated pre-commencement funding arrangement” when there was no justification for the same.’ Transition between legislation is always troublesome. When …

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Costs: QOCS

QM Legal Costs | Personal Injury Law Journal | September 2015 #138
Paul Jones discusses the application of qualified one-way costs shifting in a case concerning pre-commencement funding arrangements ‘Given that the new rules prohibited the claimant from being able to recover her additional liabilities in these proceedings, she should also get the benefit of QOCS and not be liable for the defendant’s costs of those proceedings.’ …

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