Court Rules that both the Claimant and Counterclaiming Defendant Cannot have the Benefit of QOCS
Andrew Graeme Waring v Mark Mcdonnell (2018) CC (Brighton) (Judge Venn) 06/11/2018
The Court has ruled that a defendant who made an unsuccessful counterclaim was not entitled to the protection of qualified one-way costs.
Two cyclists were involved in a head on collision, both sustained personal injury and both pursued claims for damages for personal injury. The Judge gave judgment for the claimant and dismissed the defendant's counterclaim. The defendant asserted that he was protected by QOCS and any order for costs made against him could not be enforced by the claimant. HHJ Venn adjourned the issue of costs to consider the issue.
2019 - It's not all about Brexit!
Last year was certainly another eventful year for insurers and defendants; and whilst Brexit looks set to be high on the agenda in 2019, we consider what other developments we are likely to see in the year ahead.
Civil Liability Act 2018
At the end of 2018, the much-anticipated Civil Liability Bill finally received Royal Assent becoming the Civil Liability Act 2018. As a result, in 2019 we can finally expect to see a review of the Discount Rate.