Judge: Arden LJ, Henderson LJ and Coulson LJ
Citation:  EWCA Civ 1654
Under the QOCS provisions, a successful Defendant is able to enforce a costs order against a Claimant, up to the amount paid by to the Clamant by another Defendant.
The Court of Appeal has stated that a successful Defendant could enforce an Order for Costs out of damages payable to the Claimant by another Defendant. The QOCS regime was designed to ensure that a Claimant did not incur a net liability as a result of their personal injury claim. At worst, they would break even at the end of the action. The wording of Rule 44.14(1) was wide enough to cover the situation in which a Defendant had a claim for costs against the Claimant which did not exceed the amount of the Order for Damages made in favour of the Claimant payable by another Defendant. In the particular case, the claim for damages was settled by a Tomlin Order, the Schedule to which is not part of the Court’s Order. Accordingly, it was not possible to recover costs out of the damages contained in the Schedule to the Tomlin Order.