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08/07/2024
Personal injury, costs, disapplication of QOCS where the claim was made for the benefit of a third party. The two gateways in CPR 44.16(2)(a) and (b) depended on who benefitted from the claim: if a third party benefitted then gateway (a) applied, and if the Claimant benefitted, then gateway (b) applied. Whilst not always the case, the gateways were usually mutually exclusive.