Court of Appeal clarifies how Qualified One Way Costs Shifting applies to mixed claims


Re: Brown v Commissioner of Police of the Metropolis & Ors [2019] EWCA Civ 1724

The Court held that automatic QOWCS protection applies to claims for damages in respect of personal injuries, and that this would include all claims consequential upon that personal injury, including a claim for lost earnings as a result of the injury and the consequential time off work. The Court held that claims for other types of damages did not attract automatic protection.

However, Coulson LJ commented that if proceedings can fairly be described in the round as a personal injury case then, unless there are exceptional features of the non-personal injury claims, he would expect the judge deciding costs to exercise his or her discretion in order to achieve a ‘cost neutral’ result.

Claire Darwin, Raj Desai and Emma Foubister were involved in this case.