s.11 AJA Costs protection and QOCS; ‘damages’ does not include ‘payment on account’

s.11 AJA Costs protection and QOCS; ‘damages’ does not include ‘payment on account’


CategoryNews Author Shaman Kapoor Date

Shaman Kapoor was successful before the Senior Costs Judge in a judgment handed down on 25 May 2022 which determined that: (i) QOCS does apply to a legal aided claimant in addition to the costs protection afforded by s.11 Access to Justice Act 1999; (ii) the exclusion of payments made in a Tomlin Order recognised by Cartwright for QOCS cases is an exclusion that should additionally apply to a s.11 application for the same reasons; and (iii) an order for a payment on account of damages was not an order for damages for the purposes of CPR 44.14.  Shaman was instructed by Russell Cooke LLP on behalf of the Claimant.

You can read the judgment here.


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