The Court of Appeal has now clarified the position on Qualified one-way costs shifting and the protection it offers Claimants in so called ‘mixed claims’.

The Court of Appeal has now provided some useful guidance in the case of Brown v Commissioner of Police of the Metropolis & Anor [2019] EWCA Civ 1724. 

In the first decision of Brown back in 2016 the Claimant brought an action against the defendant police force and was awarded damages of £9,000.00 for her successful claim for damages under the Data Protection Act, Human Rights Act and for misuse of private information.  Her other claims included a claim for damages for personal injury which was rejected.  The Claimant consequently failed to beat the Defendants’ Part 36 offer of £18,000.00 but the trial judge found that the Claimant was automatically entitled to QOCS protection.  The Defendant appealed.

The Court of Appeal overturned the decision and found that the proper interpretation of CPR 44.16(2)(b) was that QOCS protection only applies to claims for damages for personal injury and not other types of claims meaning that QOCS protection will not automatically shield a Claimant from adverse costs in proceedings which include both a claim for damages for personal injury and a claim other than a claim for damages for personal injury.

This case is a useful reminder to Claimant’s not to automatically assume QOCS protection will be guaranteed in ‘mixed claims’ and that they may be at risk of having to pay their opponents costs and solicitors disbursements incurred as a result of them bringing a legal action.

Our After the Event Insurance can be used to help those who have suffered as a result of Accidents at Work, Occupiers Liability Claims, Product Liability and Industrial Disease, and we would be happy to try and arrange suitable cover for mixed claims where QOCS will not apply to elements of the claim.

Details of the ClaimSafe policy which we arrange are here: ATE for non-motor claims.