QOCS -Traps for the Unwary

An essential overview of recent developments in this fast-moving area of PI practice

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Course Overview

Qualified one-way costs shifting (QOCS) is where a successful defendant cannot recover their costs from the losing claimant, except in a limited set of very precise circumstances.

One such exception is fundamental dishonesty, a term first coined in the April 2013 amendments to the CPR. CPR r.44.16(1) provides that orders for costs against a claimant may be enforced, to the full extent of such orders with the permission of the court, where the claim is found on the balance of probabilities to be fundamentally dishonest.

This same term has since been adopted by s.57 of the Criminal Justice and Courts Act 2015; Section 57(2) requires a court to dismiss a claim, where the claimant has been found entitled to damages for personal injury, if either that primary claim or a related claim is, on a balance of probabilities, fundamentally dishonest.

This 30-minute session is essential for PI practitioners and will ensure that you abreast of the fast-moving developments in respect of QOCS, and will cover the following topics:

  • QOCS
    Effect
    Exceptions
    Practical Implications
    Part 36 – Effect

Consideration will also be given to the application of QOCS in claims against Motor Insurers’ Bureau (MIB), with reference to the case of Howe v MIB [2017] EWCA Civ 932.

What are the requirements?

  • Watch the recorded webinar and review the supporting documentation
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will:
  • • Be aware of recent developments in respect of QOCS
  • • Understand what amounts to fundamental dishonesty pursuant to CPR44
  • • Have considered the traps relating to QOCS which can catch out unwary practitioners such as the issues regarding QOCS cost protection for claimants and how it might be lost
  • • Be able to make assessments and advise on the merits of Part 36 offers made where QOCS issues are a concern

What is the target audience?

  • This course is suitable for qualified PI practitioners

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About Instructor - Nicky Carter

Nicky has over 20 years experience as a claimant PI lawyer and works with a number of leading national firms and regularly presents courses for several of the country's largest providers of legal training. In addition she lectures on the BPTC and in the coming months will be lecturing on the CILEX level 3 and level 6 courses.

Course Curriculum

Recorded Webinars

  • Webinar
    00:34:32

Supporting Documentation

  • Slides
    25 Page

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