Qualified One Way Cost Shifting or QOCS as it is also known as, was introduced in April 2013 as part of the Jackson civil costs reforms.
OR HAVE A QUESTION? CALL:
Currently, Qualified One Way Costs Shifting applies only to personal injury claims. Brought in with the changes to how personal injury claims are run in April 2013, it was the brain child of Lord Justice Jackson. The concept behind QOCS was to offer some of the same protection that Legal Aid offered where if the claimant is unsuccessful, they do not have to pay the legal costs of the successful defendant. But, if the claimant wins the defendant pays the claimant's legal costs.
This clearly explains how the 'one-way costs shifting' works however, the crucial part of how QOCS works, is in the definition of 'qualified'.
A successful claimant that wins their claim, but is offered less compensation than a defendant's Part 36 offer (this is a formal offer on liability or on compensation), will be orded to pay all of the defendant's costs from the date of expiry of the time for accepting the offer. This order would be no more than the compensation actually awarded, but if the case is found to be fraudulent or fundamentally dishonest, then the claimant could pay out more than just compensation.
Would you still need to take out after the event insurance?
The short answer is 'yes', although the premium maybe lower as most of the risk of paying costs would have been taken away. However you will need a polcy to cover your disbursements, such as medical reports and barristers should your claim make it to court. Also if you fail to beat a Part 36 offer and you did not have an After the Event Policy in place, you would have to pay your opponent's legal costs up to the value of your damages.
If you would like one of our legal helpers to call you back, then complete the form below. They will call you in the next 30 minutes or arrange a time to call back that's convenient for you.