James Marwick, a member of St John’s Chambers’ personal injury team, has successfully obtained enforceable costs orders for a defendant local authority in personal injury claims subject to qualified one way costs shifting (QOCS) in two recent cases.
The cases are interesting because in neither case was fundamental dishonesty alleged. Fundamental dishonesty is widely regarded as the central gateway under which a defendant might seek to escape the strictures of QOCS. However, there is an increasing focus on the other procedural tools available to a Defendant to recover costs.
In the first case, a late notice of discontinuance was set aside and the claim struck out on the basis that it disclosed no grounds for bringing the claim. An enforceable costs order under CPR 44.15(a) was duly made.
In the second case, a wasted costs order was obtained against the claimant’s solicitors pursuant to CPR 46.8 upon the claim being discontinued at trial upon rejection of a late application to amend a defective statement of case.
Read more: Recent QOCS Success
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If you would like to instruct James on a related matter please contact his clerks: [email protected] or 0117 923 4730.