In Parke v Butler [2016] EWHC 1251 (QB), the High Court held that a claimant has the benefit of Qualified One Way Costs Shifting (QOCS) on a first appeal to an appeal court.
CPR r44.13 provides that QOCS is available for "proceedings" which include a claim for damages for personal injuries.
The judge held that "proceedings" included any appeal:
"To my mind there is no difference between the nature of the claimant at trial and the appellant on appeal. He is the same person, and the QOCS regime exists for his benefit as the best way to protect his access to justice to pursue a personal injury claim. To construe the word "proceedings" as excluding an appeal which was necessary if he were to succeed in establishing the claim which had earlier attracted costs protection would do nothing to serve the purpose of the QOCS regime".
QOCS apply to appeal proceedings
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