The basis of QOCS is that the protection it affords against adverse costs applies to unsuccessful claims for personal injuries. These are conventionally argued in negligence against the defendant whose conduct caused the accident e.g. the negligent driver or employer. But should a statutory claim against an organisation which was not the tortfeasor be regarded as a claim for damages for personal injuries protected by QOCS?
Despite claims arising from clinical negligence and those for compensation for mesothelioma being very clearly within the definition of “claim for personal injuries” at CPR part 2.3(1), both types of claim are subject to certain special provisions because of their particular nature. Two further such exceptions have been just confirmed:
- a temporary relaxation of costs budgeting in clinical negligence claims, and
- a refinement of how the increases in court issue fees introduced earlier this year will apply to mesothelioma claims.
The latter is due to be clarified a Statutory Instrument.