The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) (31 July 2018)

The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) (31 July 2018)

Where a claimant advances claims for damages for personal injury as well as other claims (a mixed claim), QOCS protection is not automatic; the court has discretion under CPR 44.16(2)(b) to permit enforcement of a defendant's costs order to the extent it considers just.

Citation
[2018] EWHC 2046 (Admin)
Parties
Appellant and Defendant: The Commissioner of Police of the Metropolis; Appellant and Defendant: The Chief Constable of Greater Manchester Police; Respondent and Claimant: Andrea Brown; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Personal Injury, Mixed Claims, Civil Procedure Rules (cpr) Part 44, Discretion in Costs Orders
Civil Procedure Costs Qualified One Way Costs Shifting (qocs) Personal Injury Mixed Claims Civil Procedure Rules (cpr) Part 44 Discretion in Costs Orders

Case Brief

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Parties

The Commissioner of Police of the Metropolis

Appellant and Defendant

The Chief Constable of Greater Manchester Police

Appellant and Defendant

Andrea Brown

Respondent and Claimant

The Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether QOCS protection applies automatically to mixed claims including personal injury and non-personal injury elements
  2. 2 Proper construction of CPR 44.13 and 44.16(2)(b) regarding costs protection in mixed claims

Ratio Decidendi

Where a claimant advances claims for damages for personal injury as well as other claims (a mixed claim), QOCS protection is not automatic; the court has discretion under CPR 44.16(2)(b) to permit enforcement of a defendant's costs order to the extent it considers just.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the Judge has discretion under CPR 44.16(2)(b) to permit enforcement of the defendant's costs order.