Court of Appeal clarifies how Qualified One Way Costs Shifting applies to Mixed Claims


The Court of Appeal has today handed down its judgment in the case of Brown v The Commissioner of Police of the Metropolis & Ors. 

The Court held that automatic QOCS 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 LJ Coulson 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 and Emma Foubister appeared for the Appellant, instructed by Hausfeld LLP.  Raj Desai was junior counsel for the Equality and Human Rights Commission.

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