Following on from the decision of the Court of Appeal in University Hospitals of Derby and Burton NHS Foundation Trust v Harrison [2022] EWCA Civ 660, another division of the Court of Appeal has handed down judgment in the case of Excalibur and Keswick Groundworks Limited v McDonald [2023] EWCA Civ 18.
This further decision of the Court of Appeal clarifies the approach that judges at first instance should take, when considering applications to strike out personal injury claims and disapply a claimant’s QOCS protection.
A copy of the judgment can be found here: CA-2021-003434 Excalibur Keswick Groundworks Ltd v McDonald (002)
I was instructed in this case by Adam Thorpe, Liam Davidson and Liam Warren of Winn Solicitors. Thanks chaps.
Good result. QOCS is a great leveller in terms of access to justice and should be extended rather than watered down. Fundamental dishonesty should also apply to Defendants as well as Claimants.