The QOCs changes
The ATE
provider's
perspective
Rebecca Squires is ATE Technical
Supervisor at DAS. Jane Marigold is
ATE Technician at DAS.
At an initial glance, it could be viewed that the
recent changes to QOCS may have a purely negative
impact on ATE providers, given the increase in
exposure now that defendants costs are no longer
capped at the level of the claimant's damages.
In many respects this was the position that ATE
insurers had originally anticipated with the introduction
of QOCS although, as case law developed, it was
evident that the teeth defendants had expected to
bite through LASPO had been weakened.
Click to read more...
How the changes
have affected a
law firm
Matthew Olner is a solicitor at Nelsons,
specialising in clinical negligence
and inquests.
The Nelsons Clinical Negligence and Personal Injury
Teams carefully considered the QOCS changes
introduced in April of this year.
For cases issued from 6 April 2023 Defendants
can now enforce and seek to offset costs orders
in their favour including deemed orders for costs.
Importantly this means they will be able to recover
their costs from successful Part 36 offers and
Tomlin Orders.
They will also be able to enforce costs of interlocutory
hearings. Defendants will be able to seek recovery
of costs not just from a Claimant's damages but also
from a Claimant's costs.
Click to read more...
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EvaluATE | Issue 1