The Court of Appeal has held that as the protection of the
qualified one-way costs shifting ("QOCS") regime under
CPR Part 44 was available to a claimant within the main action,
then the protection extended to their unsuccessful appeal.
With reference to CPR 44.13, the QOCS regime applies to
proceedings which include a claim for damages for personal injury.
'Proceedings' was held to include both first instance
proceedings and any subsequent appeal.
The Court of Appeal also found that the fixed costs regime under
CPR Parts 45.17 to 45.19 did not apply to appeals and that the
appropriate rules applying to the costs of an appeal were set out
in CPR Part 52.19.
Background
The Respondent brought a claim against the Appellant under the
Pre-Action Protocol for Low Value Personal Injury (Employers'
Liability and Public Liability) Claims ("the Protocol")
after an accident at work. Liability was admitted. However, the
parties failed to agree damages, resulting in the
