The court considered two issues arising out of the rules concerned with Qualified One Way Costs Shifting (‘QOWCS’). They are:
i) Issue 1: Whether defendant B can enforce an order for costs out of sums payable to the claimant by way of damages and interest by defendant A;
ii) Issue 2: If the answer to Issue 1 is Yes, whether enforcement is possible if those sums are payable to the claimant by way of a Tomlin order, rather than a direct order of the court for damages and interest.
Citations:
[2018] EWCA Civ 1654
Links:
Jurisdiction:
England and Wales
Costs
Updated: 25 April 2022; Ref: scu.619876