Turning the QOCS back?

QOCS or Qualified One-Way Costs Shifting was introduced to protect the position of Personal Injury Claimants. In 2013 such claimants lost the right to recover, from the other side, the cost of insurance against the risk of adverse costs. The trade-off was QOCS. An unsuccessful claimant would not be ordered to pay the costs of…

Death clause in Law Society’s Standard CFA is enforceable

The High Court has today handed down judgment in the landmark case of Higgins and Co v Evans – https://www.4newsquare.com/wp-content/uploads/2019/10/Higgins-Co-v-Evans-Approved-Judgment.pdf We acted for the Solicitors, Higgins and Co in the Appeal before Saini J. The case was all about what is known as the ‘death’ clause in the Law Society’s Standard CFA. Many practitioners will…