More QOCS conundrums

Cases about QOCS seem to arrive like buses, in a pack.

In court 72 today, the Court of Appeal handed down judgment in an appeal I managed to win in front of them on the transitional provisions which apply in relation to QOCS.

Although I suspect that the impact of the judgment may affect a limited number of cases, there may be some where a defendant was added after 1st April 2013 to extant proceedings commenced before the implementation of LASPO 2012.  In such circumstances, QOCS protection may apply in respect of the later Defendant’s costs. A copy of the judgment can be found here: Corstorphine v Liverpool City Council [2018] EWCA Civ 270.

The case has been the subject of comment already in the Gazette here:

And by other commentators here:


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