Clarity on the future of QOCS

Published: 01/08/2012

As April 2013 and the implementation of the LASPO bill draw ever closer, there is finally some clarification on one of the Jackson reforms.

The Ministry of Justice (MoJ) has confirmed Qualified One-Way Cost Shifting (QOCS) will apply to all claimants regardless of their means.

There had been concerns raised by the Association of Personal Injury Lawyers (APIL) that injured people would be subjected to a financial test to determine their eligibility for QOCS. However, it is now clear that claimants will not be responsible for the defendant’s costs if their claim is unsuccessful.

There are however exceptions to every rule and the MoJ has also confirmed QOCS privileges will be revoked if:

• A claim is found to be fraudulent
• A claimant fails to beat a defendant’s ‘Part 36’ offer, or
• A case is struck out where the claim discloses no reasonable cause of action or where it is otherwise an abuse of court process.

The QOCS announcement is the first of many expected ahead of Parliament’s summer recess.

The full statement regarding The Implementation of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012: Civil Litigation Funding and Cost is available to read here.

Content correct at time of publication