When QOCS Becomes Problematic

The application of QOCS is in theory straightforward. CPR 44.13 sets out the types of cases which are included, namely personal injury, claims brought under the Fatal Accidents Act 1977 or claims brought under Section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. The same section also specifically states that applications for pre-action disclosure…

Understanding the Costs of Arbitration

Due to continued cuts in Civil Justice and the strict mandatory cost budgets in civil litigation, there is an increased risk of delay, poor decisions, and non-recovery of costs even if a case is won. Arbitration is therefore an increasingly attractive option. A procedure in which parties are able to refer a dispute to a specialist…

Jackson on Expanding the Scope of Fixed Costs 

OPINION  Looking into the fire, we’d rather just stay in the frying pan (thank you very much) When Lord Justice Jackson’s report is released in July there will likely be significant consequences to legal practitioners. The same practitioners are being given warning of this and being presented with clear opportunity to contribute to the discussion…