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New guidance on the disapplication of QOCS

21/11/2023

Paul McGrath appeared in an interesting appeal before Ritchie J. and dealing with the disapplication of QOCS under CPR 44.16(2) and, in particular, whether a claim is made for the financial benefit of a Claimant or whether it is made for the financial benefit of another and the test to be applied in relation to each. The Judge gave valuable guidance and insight into the provisions. The judgment, handed down on 10 November 2023, is available here:

https://caselaw.nationalarchives.gov.uk/ewhc/kb/2023/2832

https://www.bailii.org/ew/cases/EWHC/KB/2023/2832.html

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