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new CPR rules on QOCS published

15 February 2013

Well after all the waiting the new Rules are now available on the legislation website.

We now have the details on qualified one-way costs shifting (QOCS) in the new Part 44. There are new rules encouraging parties to look at settlement under Part 36 with new additional payments payable in appropriate circumstances. The detail is there on cost management with some amendments to the previous draft and a new section on cost capping. There are some new, interesting developments on case management generally with the judges taking a much more pro-active role and with far less scope for parties in default of orders to gain relief from sanction. Parties to litigation will be expected to scope out disclosure far more carefully. And we have new rules on proportionality which place further restrictions on the recovery of costs. We now await the Practice Directions for a little more detail…

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