HO to be reversed

  • FOIL

The explanatory notes to the Statutory Instrument (SI) giving rise to the amendments confirm that amending rule 44.14 (dealing with the effect of qualified one-way costs shifting (QOCS)), will allow the court in cases falling within the scope of the QOCS regime to order that the parties’ costs liabilities be set-off against each other, having previously found that this rule, properly construed, did not allow the court to do so; and to include within this rule, as well as deemed orders, agreements to pay damages or costs, so to allow the off-setting of costs orders made in favour of a defendant and ensure that offers made under Part 36, and, for example, settlements concluded by way of a Tomlin Order, come within the rule.


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