The CJC has published its report on QOCS as commissioned by the MoJ’s commissioning note to further consider issues around implementation of Part 2 of the LASPO Act 2012 (Jackson reforms).
The report covers the following topics:
- Scope of QOCS
- Means test, minimum payments and QOCS
- QOCS, fraudulent claims and struck out claims
- QOCS and Part 36 offers
- Discontinuances and appeals
- Translating the QOCS policy into rules
The working group believes that the original test of reasonableness proposed in Jackson’s Final Report is no longer the best vehicle to deliver the final detailed policy on QOCS - it would be strange if the rules stated that the test was reasonable, and then defined precisely what was/was not to be treated as reasonable. The view of the working group is that it would be preferable to specify directly when a claimant may be liable for costs. They argue that any other approach risks opening the door to further and unspecified discretion to award costs – which might be the subject of satellite litigation.