This appeal concerns the operation of the qualified one-way costs shifting regime (known as QOCS) contained in Section II of Part 44 of the CPR. HHJ Luba QC on 24 Mar 2017 held that the Exception to QOCs contained at CPR 44.16(2)(b) did not apply to Ms Brown’s claims, because she had included a claim for damages for personal injury in relation to all four causes of action she relied on.
The High Court (Mrs Justice Whipple) allowed the appeal, and held that the Exception did apply to the Claimant’s claims. Accordingly, the Court did have a discretion to grant permission for any orders for costs against Ms Brown to be enforced up to their full extent, and to the extent that the court considers just.
Claire Darwin, Raj Desai and Paul Skinner was involved in the case.