QOCS: transitional arrangements and scope examined by Court of Appeal

Qualified One-way Costs Shifting (QOCS) was introduced in April 2013 as part of Jackson reforms and is designed to protect an unsuccessful personal injury claimant from the risk of paying adverse costs. It should not operate if the claimant had a funding arrangement in place before April 2013 and it does not apply if the claim is not one for damages for personal injury. In Wagenaar v Weekend Travel in 2015 the Court of Appeal clarified that the protection afforded by QOCS was not applicable as between the main defendant and a part 20 defendant, even though the underlying accident involved personal injury. The decision on 26 February 2018 in Corstorphine v Liverpool City Council is an important re-examination of this area.

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Robinson & Worboys: Supreme Court extends police liability for negligence and human rights breaches

Elizabeth Robinson, a Yorkshire woman now in her eighties, has absolutely nothing in common with the ‘Black Cab rapist’ John Worboys – other than the fact that both of them are at the heart of two important Supreme Court decisions this month concerning the legal liability of police forces for harm to members of the public. Both decisions look to have extended forces’ liability, albeit in quite different areas.

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Whiplash & small claims: Justice Committee hearing set for 16 January 2018

Having reported on the discount rate legislation last month, the Justice Select Committee is now turning its attention lower value claims. It opened a short window during December to receive further comments on whiplash reform and the small claims limit and has just confirmed that it will take oral evidence on these topics on 16 January. The Committee also released the Ministry’s latest update on the proposed reforms. Continue reading