Defendant’s counterclaim lost in QOCS judgement
A judgement has muddied the waters on costs-shifting after a Defendant in a PI claim lost his argument in the County Court. He had initiated a counterclaim and tried to receive the costs benefit of being a Claimant, however Her Honour Judge Venn dismissed the counterclaim rejecting the submission that “proceedings”, as used in Civil Procedure Rules should be construed to give the Defendant QOCS (Qualified One-way Costs Shifting) protection. To read more please Click here
