Bobby Talalay acted for the Commissioner of Police of the Metropolis in QOCS appeal

Bobby Talalay was instructed by Plexus Law on behalf of the Commissioner of Police of the Metropolis in appeal concerning the application of qualified one-way costs shifting (QOCS) to cases where a personal injury (PI) claim was included by amendment partway through the proceedings: Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB)

A claim was initially brought in false imprisonment and trespass and included no personal injury claim, in pleadings written by a litigant in person or her husband. Just before trial, the claim was amended to include a claim for PI and the trial vacated. At the new trial, the claim was dismissed and the judge ordered that the Defendant could enforce 100% of his costs incurred before the amendment and 0% afterwards.

The Claimant appealed the costs order, arguing that the judge had wrongly disapplied QOCS. The Defendant cross-appealed. At the appeal hearing, the central question of fact was whether the judge had determined (a) that QOCS did not apply at all and CPR r. 44.13 was not engaged or (b) that QOCS did apply, but with 100% enforcement pursuant to CPR r. 44.16(2)(b). The judge preferred option (a) on the facts and held that that was unlawful, applying Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407. The central legal principle from the judgment is that QOCS applies to the costs of the whole proceedings even if the PI claim was added by amendment. The judge remitted the matter back to the trial judge for a fresh decision.

As for the cross-appeal, the judge held that there was no error in the trial judge’s determination that this was in the round a personal injury claim after amendment and refused permission.

Bobby has extensive experience of acting on behalf of police forces and other organisations in high value personal injury claims, including claims for false imprisonment, assault, stress at work, malicious prosecution, human rights, and other civil actions

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Related barristers

Robert Talalay

Call 2010

Related areas

Police Law

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