IBIYINKA MACAULAY v (1) DR ABDUL KARIM (2) CROYDON HEALTH SERVICES NHS TRUST SC-2021-APP-001284

QOCS, Legal Aid And Interim Payments On Account Of Damages

“QOCS applies to proceedings which include a claim for damages for personal injuries (CPR 44.13(1)), the Claimant falls within the definition of those to whom QOCS applies (CPR 44.13(2)) and there is nothing in the rules to exclude him because he was legally aided … there is no difficulty in the approach to be taken in the case of a legally aided party who is also entitled to QOCS, because legal aid costs protection relates to the amount to be paid and QOCS relates to enforcement. The applicability of QOCS is not a bar to a determination under s.11 of the 1999 Act (or s.26 of the 2012 Act), although, in practice, if QOCS does apply, there may be little reason for the receiving party to make a request for a determination.”

Padlocked Pound

Section 11

A Master had been correct to dismiss an application for an assessment of costs brought under Paragraphs 10(2) and 10(3)(c) of the Community Legal Service (Costs Protection) Regulations 2000 as it was out of time.

costs protection

Costs protection under s17 The Legal Aid Act 1988

During any time when a litigant acted in person they were not a legally assisted party within the meaning of the Legal Aid Act 1988 s.17. That extended to any period after their solicitors had ceased to act for them and had communicated that to the opponent’s solicitors, even if a period of time then elapsed before they took any active steps as a litigant in person.