Adelekun v Ho

Subject Matter

COSTS — Order for costs — Qualified one-way costs shifting

[2020] EWCA Civ 517, CA

COSTS — Order for costs — Qualified one-way costs shifting — Claimant accepting defendant’s offer to settle claim for damages for personal injury and to pay her costs of the claim — Costs order subsequently made in defendant’s favour in same proceedings — Defendant seeking set-off of costs payable to claimant against her costs award — Whether such set-off possible under qualified one-way costs shifting provisions — CPR rr 44.12, 44.14

[2021] UKSC 43; [2021] 1 WLR 5132; [2022] 2 All ER 1005; [2022] RTR 6; [2021] WLR(D) 510, SC(E)

COSTS — Discretion of court — Offer to settle — Claim commenced under Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents — Claimant commencing proceedings after claim leaving Protocol — Proceedings allocated to fast track — Claimant accepting defendant’s offer to settle — Claimant applying for costs in excess of fixed recoverable costs — Whether defendant’s offer including agreement to pay assessed costs — Whether fixed costs regime applying — CPR rr 36.13, 36.14(5)(b), 36.20

[2019] EWCA Civ 1988; [2020] RTR 6; [2019] Costs LR 1963, CA

Appellate History

Commentary

RPC Perspectives
Ho v Adelekun [2021]: Supreme Court decision on QOCS spells bad news for defendants and insurers Case comment

UK Supreme Court Blog
Case Comment: Ho v Adelekun [2021] UKSC 43 Case comment

Blackstones Civil Practice 2023
Effect of QOCS 69.5

Effect of QOCS - QOCS and defendants’ Part 36 offers 69.10

Effect of QOCS - Tomlin orders 69.9

Effect of QOCS - QOCS, interim costs orders and costs set-off 69.11