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This webinar will provide an analysis of this important Supreme Court decision concerning the limits of set off in personal injury cases subject to Qualified One Way Costs Shifting and what that means for your caseload.
Join APIL joint Vice President Brett Dixon for a review of this important decision:
- What is the purpose of the QOCS regime?
- What happens to adverse costs orders obtained by a defendant in a successful claim and an unsuccessful claim? Can they enforce them?
- Defendant tactics in reducing their payment of costs
- Next steps for QOCS
- Will there be rule changes?
- If so for what purpose and to what extent is likely or possible?
- The underlying policy imperative of balance
- Was Howe v MIB (No.2) wrongly decided?
- How to deal with cases where the defendant relies on it
- How to deal with arguments from the defendant seeking to set off adverse costs orders against the claimant damages and costs at the end of a case
- The scenarios when it might be relevant
- Is there a relevant cap and when does it apply?
- Is there anything I need to do with my cases now?
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