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Personal Injury Claims – Qualified One-Way Costs Shifting

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Changes to Qualified One Way Cost Shifting

A new rule change is to be implemented from the 6th April 2023 which will see costs set off brought back to QOCS cases. Defendants will also be able to enforce Costs Orders up to “the aggregate amount in money terms of any orders for or agreements to pay or settle a claim for, damages, costs and interest”. This would include cases concluding by way of acceptance of a Part 36 offer or Tomlin Order.

What is QOCS?

QOCS stands for Qualified One-Way Costs Shifting and was introduced in April 2013 to provide Claimants in Personal Injury claims with protection against liability to pay Defendants’ legal costs if they are unsuccessful with their claim, save for in limited circumstances. A Defendant was not able to recover their legal costs unless one of the following applied.

• The claim is struck out (under certain conditions)
• The Claimant is found to be fundamentally dishonest
• The Claimant fails to beat the Defendants’ Part 36 offer

The rule changes have reversed the effects of Cartwright –v- Venduct Engineering Limited and Ho v Adelekun that a Defendant could only enforce in respect of orders for damages (as opposed to settlements) and cannot enforce in respect of a Claimants’ costs at all.

The changes to the QOCS rule will be updated to cover deemed costs orders and agreements to pay damages. This means that acceptance of Part 36 offers and Tomlin Orders will now be recognised under the QOCS rules and importantly where claims settle under these types of agreements then a Defendant will be able to enforce its costs against damages, interest and any Claimants’ costs.

This rule change only applies to claims where proceedings are issued on or after the 6th April 2023.

It is evident that with these new changes, Claimants will now have more risk in personal injury claims than before and Claimants will need to consider carefully the costs consequences of a Defendants’ offer making a Defendants’ offer much more powerful than before.

We have the skill and experience to negotiate settlement in PI claims. The vast majority of our claims are settled without the need to issue proceedings and this more than ever will be crucially important to minimise the risk to our clients as a Claimant in personal injury claim proceedings in relation to costs.

If you require advice or representation regarding a personal injury claim then please contact us. We offer an initial, free consultation regarding any potential claim.

 

The effect of COVID-19 on personal injury claims

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The COVID-19 crisis is of course creating significant challenges that are testing Claimants, potential Claimants and all those involved in the personal injury industry. For this reason many of those who have active personal injury claims and even those wondering if they might have a claim are asking what impact the pandemic will have on them.

Whilst it is impossible to say there will be no impact on the claims process, we have seen Claimants, Defendants and the Courts cooperate and work together to ensure that any delay is minimised or in most scenarios, avoided entirely.

At Adams Harrison we remain open for business and continue to manage existing claims or deal with new claims as normal. We offer client consultations by telephone or other remote means whether that be via Zoom, Face time or other platforms. If you wish to have a face to face appointment please telephone the office to ascertain if this can be arranged for you. In such circumstances you should acquaint yourself with our Covid-19 Policy so you know what to expect on your visit and so we can do our upmost to keep you safe during your visit https://www.adams-harrison.co.uk/covid-19-policy/

We have also prepared questionnaires for you to complete prior to any appointment to help deal with your claim remotely.

Making that initial step to call or email a solicitor about an accident claim is always a big decision. At Adams Harrison we offer you the opportunity to speak to a lawyer from the first call. That means you won’t need to speak to any call centres about your potential case and instead you can speak to a lawyer who will be able to answer your questions and put your mind at rest – whatever the advice might be.

If you would like to make a personal injury claim then please contact us – we are here to help you.
Anton Bilinski
Legal Executive
Litigation Department

APIL Injury Prevention Week

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Injury Prevention Week Logo

The 17th August 2020 marks the start of Injury Prevention Week, a campaign for awareness of pedestrians and road safety which is held by the Association of Personal Injury Lawyers (APIL). Adams Harrison Solicitors are supporting this week. Our Anton Bilinski personal injury lawyer and member of APIL explains why:

APIL are committed to raising and finding ways to avoid unnecessary harm and suffering caused by victims of accidents. This week mainly concentrates on pedestrian and road safety. Particularly focusing on non-drivers and children as they return to school throughout August and September. By setting a good example you can make sure your child remains safe when out and about and encourage them to follow the highway code.”

Adams Harrison by supporting this week hopes to highlight how to avoid needless harm and suffering in the first place. Unfortunately we see first hand the devastating effects caused by victims of road traffic accidents and as a firm we continue to seek compensation of those that have suffered injuries sometimes life changing.

Criminal Injuries Compensation Authority Review Announced

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At the end of last year the Justice Minister announced a review of the Criminal Injuries Compensation Authority (CICA) together with a full consultation on the reform proposals.

A CICA claim allows persons who have been physically or mentally injured because they were the victim of a violent crime in England, Scotland or Wales. Compensation can offer a public acknowledgement of harm suffered by victims of violent crime who have been unable to seek compensation by other means.

In 2017/18 CICA made decisions on over 40,000 applications and paid out approximately £154 million in compensation. The review will consider the scope of the scheme, eligibility rules, decision making processes and the value of awards. The reform proposals are due to be published in 2019 and updates will appear once these have been announced.

If you have suffered an injury that was not your fault then please contact our Personal Injury department to discuss your accident.

Personal Injury Update 2018;Changes to Whiplash Claims

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One of the major developments this year was the passing of the Civil Liability Bill which introduces reforms to whiplash injury claims.

The reforms aim to reduce the number of low value road traffic accident claims and the cost of insurance premiums and to prevent fraud. The Bill was introduced in the House of Lords on 20 March 2018 and it passed its final stage through Parliament on 20 November 2018. A date for Royal Assent has yet to be set but it is anticipated shortly.

As part of its reforms, the government also proposes to increase the small claims limit from £1,000 to £5,000 for road traffic accident claims and to £2,000 for all other types of personal injury claim. The implementation of the whiplash reforms (including the new road traffic accident small claims limit) have been pushed back until April 2020.

The whiplash reforms and the increase to the small claims track limit will bring more claims into the small claims regime where legal costs are not recoverable. This means that more claimants will be left to bring their claim without a solicitor at a time when they should be focusing on recovering from their injuries.

If you require assistance or advice regarding a personal injury claim then please contact Anton Bilinski.

Standard Form Letters Not Sufficient To Properly Advise Client In Relation To A Personal Injury Claim

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In Procter v Raleys Solicitors (A Firm) [2015] EWCA Civ 400, the Court of Appeal considered an appeal against a finding that a solicitors’ firm had failed to properly advise its client about his claim.

In dismissing an appeal against a decision that a firm of solicitors (R), had failed to properly advise its client (P), the Court of Appeal has confirmed the need for standard form letters of advice to be sufficiently clear to ensure that clients properly understand the nature of the advice.

With Adams Harrison you can be sure that you will receive a personal service, taking you through each step of the claim for your injury.

We always make the time to discuss your position with you in detail and to answer any queries you may have. We do not rely on standard form letters to advise you – The Court of Appeal was critical of Raleys Solicitors for doing just that.