Qualified One Way Costs Shifting

Question 1

What is Qualified One Way Costs Shifting?

Answer 1

“Qualified one-way costs shifting” was introduced for personal injury claims from 1 April 2013.

This means that defendants will generally be ordered to pay the costs of successful claimants but, subject to certain exceptions, will not recover their own costs if they successfully defend the claim.

Question 2

Which rule does qualified one way costs shifting come under?

Answer 2

44.13

Question 3

What type of claims does qualified one way costs shifting apply to?

Answer 3

(a) for personal injuries;

(b) under the Fatal Accidents Act 1976;or

(c) which arises out of death or personal injury and survives for the benefit of an estate by virtue of section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934,

Question 4

In what circumstances will a claimant be ordered to pay costs where one way qualified costs shifting applies?

Answer 4

Where the proceedings have been struck out on the grounds that –

the claimant has disclosed no reasonable grounds for bringing the proceedings;
the proceedings are an abuse of the court’s process;
or

the conduct of –
(i) the claimant; or
(ii) a person acting on the claimant’s behalf and with the claimant’s knowledge of such conduct,

is likely to obstruct the just disposal of the proceedings.

Question 5

What happens to one way qualified costs shifting where a DBA exists?

Answer 5

The party may not recover by way of costs more than the total amount payable by that party under the damages-based agreement for legal services provided under that agreement.