PI Practitioner, March 2020
16/03/20. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.
This month's practitioner update considers the court's discretion in off setting interim costs orders in the context of Qualified One-way Costs Shifting ("QOCS").
Michael Faulkner v Secretary of State for Business, Energy & Industrial Strategy [2020] EWHC 296 (QB)
In this case, Turner J had to determine:
1. Whether in a QOCS case, the Defendant may seek to set off a costs order which had been made in its favour, against another costs order made in favour of the Claimant.
2. If so, whether the court can or should exercise its discretion to disallow such a set off.
The Claimant brought a personal injury claim against the Defendant. At a CMC in November 2019, the Defendant was awarded its costs of that hearing, which were assessed at £3,500. The Claimant subsequently discontinued his claim. The Defendant applied to set aside the notice of discontinuance, with the aim of...
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