QOCS – Traps for the Unwary


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The term “fundamental dishonesty” was first coined in the April 2013 amendments to the CPR, describing one of the exceptions to qualified one-way costs shifting (“QOCS“).

CPR r.44.16(1) provides that orders for costs against a claimant may be enforced, to the full extent of such orders with the permission of the court, where the claim is found on the balance of probabilities to be fundamentally dishonest.

This same term has since been adopted by s.57 of the Criminal Justice and Courts Act 2015. This webinar will update you on the fast moving developments in this key area.

After watching our Webinar you will have learned:

  • The issues concerning QOCS cost protection for Claimants and how it might be lost
  • The issues relevant where there is a risk of the Claimant losing QOCS protection
  • The exceptions to qualified one-way costs shifting where permission is required
  • The latest decisions (re: the application of QOCS in claims and the impact this may have on claims against the MIB and under the Package Holiday Regulations)
  •  Recent decisions concerning what amounts to Fundamental dishonesty pursuant to CPR44

We will be discussing:

  • QOCS
    • Effect
    • Exceptions
      • Fundamental Dishonesty
    • Practical Implications
  • Part36 – effect
  • DVD- surveillance
  • Application of QOCS in claims against the MIB
    • Howe v MIB [2017] EWCA Civ 932

Book this Webinar if you want to:

  • Be able to advise Claimants on
    • QOCS cost protection and how it might be lost
    • where there is a risk of the Claimant losing QOCS protection
    • the exceptions to qualified one-way costs shifting where permission is required
    • the application of QOCS and the impact this may have on claims against the MIB and under the Package Holiday Regulations
  • Make realistic assessments and advise on the merits of Part36 offers made where QOCS issues are a concern


The webinar is now available as a recording and you can access it whenever you wish.

Your Trainer:

NEW – Ogden: How to use the Supplementary Tables and Tables A-DNicky Carter is a self-employed Solicitor and Legal Trainer and has been delivering training for us since 2010.



Prices for MASS Members are £75 for a single view and £150 for a group view

Prices for Non Members are £95 for a single view and £190 for a group view

Book online via our website by choosing an option above or fill in our booking form and return it to

Additional information


Member Single, Member Group, Non Member Single, Non Member Group

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