The main action was a claim for personal injury following a road traffic accident. The claim failed at the first instance trial. At first instance, the Claimant’s solicitors acted under a CFA, which pre-dated the Jackson changes. The Claimant also had an ATE policy which only covered the first-instance claim. It was agreed that the Claimant’s first CFA covered the claim and “an appeal by your opponent”.
Permission was granted to the Claimant to Appeal and his solicitors entered into a new CFA which post-dated 1 April 2013.
The Appeal also failed and the main issue for determination was that of costs; in particular whether or not Qualified One-Way Costs Shifting (“QOCS”) applied in relation to the appeal.
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