In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Qualified One-Way Costs Shifting/fundamental dishonesty: In Waggett v Warchalowski & Ors (2015) Deputy District Judge Oldroyd, sitting in Blackpool County Court, held that where a defendant pursued a counterclaim, which included a claim for personal injury, QOCS protection should be lost under CPR r.44.16, the Judge concluding that there was fundamental dishonesty. Consequently, the claimant was able to recover indemnity costs on both the claim and on the defence of the counterclaim and would be free to enforce those costs against the defendants. 15/9/15