QOCS, DISCONTINUANCE AND STRIKE-OUT AND OTHER THINGS

Kerry Underwood

These issues are dealt with in my book Qualified One-Way Costs Shifting, Section 57 Set-off available from Amazon here.

In Shaw v Medtronic Corevalve LLC & Others [2017] EWHC 1397 (QB)

the Queen’s Bench Division of the High Court refused to set aside a Notice of Discontinuance and refused to give permission to Defendants to enforce a Costs Order in a Qualified One-Way Costs Shifting case.

The discontinuance did not amount to an abuse of process and although there were elements of the claim outside the ambit of QOCS protection, they were either not pleaded, or were de minimis and would not have added to the costs of the action.

Previously the court had set aside permission to the Claimant to serve the First and Third Defendants out of the jurisdiction and the claim against the Fourth Defendant was struck out and the Claimant then discontinued against the Fifth…

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