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Jackson in action


In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Qualified One-Way Costs Shifting/revising budget: In Mabb v English (2017) Mr Justice May was asked to consider setting aside QOCS protection where a claimant had discontinued her claim for clinical negligence against the defendant. The defendant had applied to strike out the claim on the basis that there were no reasonable prospects of success and had failed in that application, but had appealed. The claimant had then discontinued. The defendant argued that the claimant had discontinued in order to protect herself from a successful appeal and the strike out of her claim which would have seen QOCS suspended. Held, that the rules allowed the claimant to discontinue and, whilst May J accepted that there might be occasions where the claimant's behaviour might be "egregious or cynical" leading to the discontinuance being set aside, this was not one of those cases. 6.12.17

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