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ARTICLE · 26 MAY 2022

Set Off To Get Lift Off: Changes To The QOCS Regime

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Any amount above that is unenforceable, and cannot be set off against the amount of costs that the claimant receives.

United KingdomLitigation, Mediation & Arbitration
Jasmine Murphy
Jasmine Murphy

In a newly published consultation by the Civil Procedure Rules costs sub-committee, the Government is proposing changes to the QOCS regime that will put the costs recovered by a claimant at risk of being eaten up by a defendant's costs order.

The proposals are:

  • To take up the invitation by the Supreme Court in Ho v Adelekun [2021] UKSC 43 to address the tension between CPR 44.14 (QOCS) and CPR 44.12 (set off) and allow a defendant's costs order to be set off against both costs and damages
  • To resolve the issue caused by the Court of Appeal in Cartwright v Venduct Engineering  [2018] EWCA Civ 1654 where the Court of Appeal stated that acceptance of a Part 36 offer does not create an enforceable order for the purposes of QOCS.

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