Kerry Underwood

COUNTERCLAIMING DOES NOT GIVE DEFENDANT QOCS PROTECTION

leave a comment »


The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

These principles, and the whole issue of Qualified One-Way Costs Shifting, is dealt with in my book – Qualified One-Way Costs Shifting, Section 57 and Set-Off – Available from me here for £15.

In

Waring v McDonnell [2018] EW Misc B11 (CC) (06 November 2018)

a Circuit Judge held that an unsuccessful counter-claiming defendant in a personal injury matter enjoyed the benefit of Qualified One-Way Costs Shifting only in relation to his claim for damages, and not in relation to defending the claimant’s claim.

He would have got the costs of his counter-claim had he won.

Comment

An obviously correct decision which has received a surprising amount of attention, presumably because it differed from the obviously wrong decision in

Ketchion v McEwan [2018] 6 WLUK 625

which held that QOCS applied equally to proceedings brought by a claimant as a Part 20 claimant in the same case if the two claims arose out of the same facts.

Neither decision is binding, but the Judge here heard full arguments and gave a full and reasoned judgment.

I am grateful to Andrew Lyons of counsel, and Inderjit Dullay, costs lawyer from Shakespeare Martineau in relation to information concerning the Ketchion case.

Advertisements

Written by kerryunderwood

February 22, 2019 at 6:42 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: