*/
Costs – Order for costs. Following proceedings for personal injury, in which the defendant had joined a third party pursuant to CPR Pt 20, judgment on costs was given by reference to CPR 44.13 to 44.17, which had introduced the Qualified One-Way Costs Shifting (QOCS) regime. The Court of Appeal, Civil Division, held that the regime was not ultra vires, it did have retrospective effect and the regime did not apply to funding arrangements such as conditional fee agreements. Further, the QOCS regime had not applied to the proceedings between the defendant and third party as it did not apply to the entire action in a claim for damages.
Costs – Order for costs. Following proceedings for personal injury, in which the defendant had joined a third party pursuant to CPR Pt 20, judgment on costs was given by reference to CPR 44.13 to 44.17, which had introduced the Qualified One-Way Costs Shifting (QOCS) regime. The Court of Appeal, Civil Division, held that the regime was not ultra vires, it did have retrospective effect and the regime did not apply to funding arrangements such as conditional fee agreements. Further, the QOCS regime had not applied to the proceedings between the defendant and third party as it did not apply to the entire action in a claim for damages.
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