Andrew Roy, head of 12KBW’s Costs Team, will be appearing for the defendant in the Supreme Court on Tuesday 29 and Wednesday 30 June 2021 in Ho v Adelekun.
The case concerns whether a defendant in a Qualified One Way Costs Shifting claim who has a costs order in its favour can set off its costs against those ordered in favour of the claimant.
Andrew successfully argued before the Court of Appeal that it could. Click here for the full judgment. The claimant now challenges this, arguing that such a set off is a form of enforcement that is precluded by QOCS.
The point is one of importance to all personal injury litigators. As well as being of obvious significance in respect of costs, it will have wide-ranging ramifications for settlement dynamics, and thus litigation strategies and tactics.
The hearing will be streamed live on the Supreme Court’s website.