Reforming QOCS: proposals to even the playing field

The UK Government is proposing changes to the Qualified One-way Costs Shifting (QOCS) regime to ensure the extension of fixed recoverable costs (FRC) does not exacerbate existing issues with QOCS flowing from recent case law, according to Kennedys. The law firm said it welcomes such a move to even the playing field between claimants and defendants but warns that as drafted, the proposals fail to deal with issues surrounding CPR Part 36 and Tomlin Orders.