Enforcing an order for costs in a ‘mixed claim’ where QOCS applied

  • FOIL

The appellate court commented that a disadvantage of the QOCS scheme, if unqualified, is that it promotes access to the courts not only for meritorious claims but also for claims which are frivolous and should never have been brought in the first place. Accordingly, the basic rule was qualified so that, in such cases, an order for costs in favour of the defendant can be enforced to its full extent, sometimes without needing the permission of the court and sometimes only with such permission. The provisions which strike this balance are CPR 44.15 and CPR 44.16.


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