Background
Can a failure to pay a trial fee result in the disapplication of
QOCS on strike out? A recent decision suggests it can – in
certain circumstances.
The decision highlights potential for defendants to argue that
QOCS be disapplied where the failure to pay the trial fee had been
the final act of a consistent course of poor conduct on the part of
a claimant.
The Claimants booked a package holiday with Thomas Cook Tour
Operations in 2015. They subsequently claimed to have contracted
gastroenteritis resulting from unsanitary conditions at their
hotel, and initiated a claim for breach of contract against the
Defendant.
During the course of the proceedings, The Defendant made an
application to have the Claimants' claim struck out after the
Claimants failed to provide standard disclosure and an updated
schedule of loss.
