Costs in Mixed Claims Against the Police (Civil Litigation Brief)

Introduction

Civil claims involving multiple heads of claim — for example, personal injury together with other civil wrongs — can raise complex questions about costs orders, particularly where Qualified One-Way Costs Shifting (QOCS) applies to the personal injury component.

Correct Legal Guidance?

In COST BITES 262, the appellate issue was whether a trial judge had correctly applied legal guidance when ordering claimants to pay a significant portion of the defendant’s costs in a mixed claim that included a personal injury element.

The appellate analysis suggested that the claimants should not have been ordered to pay costs under QOCS exceptions where the personal injury claim persisted and the mixed nature of the claim meant full costs shifting protection should have, in principle, applied. The appellate guidance affirmed that courts must carefully consider whether QOCS exceptions legitimately apply before departing from the usual costs rules.

Careful Analysis

This development clarifies the application of QOCS in mixed claims involving police defendants and other causes of action, reiterating the protective purpose of QOCS for personal injury claimants. Practitioners should ensure cost consequences are carefully analysed at the outset of mixed-claim litigation to avoid unexpected liabilities.

Expert Legal Help

If you require legal help for any Personal Injury claim or Actions Against the Police claim, Satchell Moran are here to help. We have teams of dedicated experts ready to help you sek justice and compensation. Get in touch today.