When Part 36 and QOCS clash

Update

20th Dec 2022

Costs, CPR & Courts, CPR 36, Defendant's costs, Part 44.14, QOCS, Set-off

FOIL

Two recent cases (one at first instance and the other from the Court of Appeal) confirm that, as currently drafted, the rules provide full QOCS protection to claimants accepting Part 36 offers out of time.

Download

Related Updates

Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme

Update

23rd Apr 2024

County court, CPR, Low Value Personal Injury, Mediation, Proceedings

FOIL

Department of Work and Pensions Circular

Update

17th Apr 2024

Costs, DWP, FOIL, NHS, Personal Injury

FOIL

MOJ extension of Fixed Recoverable Costs

Update

25th Mar 2024

Costs, Fees, Fixed Recoverable Costs, FRC, MOJ, Review of costs issues, Solicitors costs, Solicitors' Fees

FOIL

Hadley v Przybylo: Recoverability of Solicitors’ Costs for Case Management Meetings

Update

19th Mar 2024

Bill of Costs, Bills, Budget, Civil Proceedings, Claims for clinical negligence, Clinical Negligence, Fixed costs, Fixed Recoverable Costs, FRC, Rehabilitation, Review of costs issues, Solicitors' Fees, Summary assessment of costs

FOIL

Levelling the Playing Fields to Justice

Update

11th Mar 2024

Civil Proceedings, CPR, Third Party Costs

FOIL

Attorney General’s Guidelines on Disclosure 2024 in the UK

Update

5th Mar 2024

Disclosure

FOIL

Case Spotlight – Armstead v RSA

Update

22nd Feb 2024

Collision, Credit hire, Supreme Court

FOIL

Statutory review of the Whiplash Tariff: Call for Evidence

Update

8th Feb 2024

Call for evidence, Road traffic accident, Whiplash claims, Whiplash Tariff

FOIL

Case Spotlight – Paul, Purchase and Polmear

Update

6th Feb 2024

Chain of causation, Clinical Negligence, Medical Malpractice, Personal Injury, Secondary victims, Supreme Court

FOIL

Guideline Hourly Rates for 2024 published

Update

8th Dec 2023

Guideline hourly rates

FOIL

Cookie	Duration	Description
cookielawinfo-checkbox-advertisement	1 year	Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent	1 year	CookieYes sets this cookie to record the default button state of the corresponding category and the status of CCPA. It works only in coordination with the primary cookie.
ep201	30 minutes	This cookie is set by Wufoo for load balancing, site traffic and preventing site abuse.
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Cookie	Duration	Description
_ga	2 years	The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gid	1 day	Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT	2 years	YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.

Cookie	Duration	Description
VISITOR_INFO1_LIVE	5 months 27 days	A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSC	session	YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devices	never	YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-id	never	YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt.innertube::nextId	never	YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requests	never	YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.

Cookie	Duration	Description
_splunk_rum_sid	15 minutes	Description is currently not available.
CX_263583351	1 year	No description
CX_263583519	1 year	No description
ep203	3 months	No description available.
smcx_0_last_shown_at	session	No description available.
smcx_263583351_last_shown_at	session	Description is currently not available.
smcx_263583519_last_shown_at	session	Description is currently not available.

When Part 36 and QOCS clash

Related Updates

Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme

Department of Work and Pensions Circular

MOJ extension of Fixed Recoverable Costs

Hadley v Przybylo: Recoverability of Solicitors’ Costs for Case Management Meetings

Levelling the Playing Fields to Justice

Attorney General’s Guidelines on Disclosure 2024 in the UK

Case Spotlight – Armstead v RSA

Statutory review of the Whiplash Tariff: Call for Evidence

Case Spotlight – Paul, Purchase and Polmear

Guideline Hourly Rates for 2024 published

Members

About FOIL

Join

More

When Part 36 and QOCS clash

Related Updates

Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme

Department of Work and Pensions Circular

MOJ extension of Fixed Recoverable Costs

Hadley v Przybylo: Recoverability of Solicitors’ Costs for Case Management Meetings

Levelling the Playing Fields to Justice

Attorney General’s Guidelines on Disclosure 2024 in the UK

Case Spotlight – Armstead v RSA

Statutory review of the Whiplash Tariff: Call for Evidence

Case Spotlight – Paul, Purchase and Polmear

Guideline Hourly Rates for 2024 published

Members

About FOIL

Join

More

Sign In