QOCS protection does not extend to an unsuccessful counterclaimant’s defence in a personal injury claim

qocs

In disagreement with HHJ Freedman in Ketchion v McEwan, claim number C87YJ176, 28 June 2018, HHJ Venn has concluded that a counterclaiming defendant in a personal injury claim has the protection of QOCS only in respect of his or her unsuccessful counterclaim. The QOCS regime does not afford an unsuccessful counterclaimant any protection in respect of his or her unsuccessful defence to the original claim.

WARING v MCDONNELL [2018] EW MISC B11 (CC) (06 NOVEMBER 2018)