In Other News

In a case reported in Litigation Futures, a medical expert has been ordered to pay costs of £89,000. Remarkably the expert, Mr Jamil was “wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case” Unfit expert hit with £89k third-party costs order In another case there…

QOCS and set off

Qualified One Way Costs Shifting, known to its friends as QOCS, was introduced in 2013. The idea was to secure access to justice by limiting the circumstances in which a losing claimant could be required to pay the costs of the other side. In fact, there have been numerous problems with the scheme which has…

Sponsoring a very Modern Law Award

We were proud to be Sponsors at the 2020 Modern Law Awards Dinner at Victoria Warehouse, Manchester on Thursday, 6th February 2020. We sponsored the Marketing and Communication Strategy of the Year Award. This rewards – ‘..an integrated marketing strategy, harnessing social media to promote a firm’s success..’ This is probably one of the most…

Sponsoring a very Modern Law Award

We were proud to be Sponsors at the 2020 Modern Law Awards Dinner at Victoria Warehouse, Manchester on Thursday, 6th February 2020. We sponsored the Marketing and Communication Strategy of the Year Award. This rewards – ‘..an integrated marketing strategy, harnessing social media to promote a firm’s success..’ This is probably one of the most…

Has QOCS lost its appeal? Not yet…

We have talked before about Qualified One Way Costs Shifting (QOCS). The idea of QOCS followed the decision to remove the rights of claimants in Personal Injury cases to recover the premium payable for After the Event insurance from the other side. This insurance was how they protected themselves against adverse legal costs if their…

Part 36 Uplift – all or nothing

Part 36 of the Civil Procedure Rules remains one of the most powerful tactics available to those involved in disputes. One thing that makes it so powerful is the combination of benefits and sanctions that concentrate the mind. This includes the 10% uplift that is available to a party which beats its own offer. Part…