Police of the Metropolis v Brown [2018] EWHC 2471 (QB) (31 July 2018)

Police of the Metropolis v Brown [2018] EWHC 2471 (QB) (31 July 2018)

Where a claimant advances claims for damages for personal injury alongside other claims for different types of loss, the proceedings are mixed claims within the meaning of CPR 44.16(2)(b), and QOCS protection is not automatic but subject to the court's discretion to permit enforcement of costs orders as it considers just.

Citation
[2018] EWHC 2471
Parties
First Appellant and Defendant: The Commissioner of Police of the Metropolis; Second 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), Costs Orders, Mixed Claims, Civil Procedure Rules (cpr) Part 44, Personal Injury Claims, Discretion in Costs Enforcement
Civil Procedure Personal Injury Human Rights Data Protection Qualified One Way Costs Shifting (qocs) Costs Orders Mixed Claims Civil Procedure Rules (cpr) Part 44 +2 more

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Parties

The Commissioner of Police of the Metropolis

First Appellant and Defendant

The Chief Constable of Greater Manchester Police

Second 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 enforcement in mixed claims

Ratio Decidendi

Where a claimant advances claims for damages for personal injury alongside other claims for different types of loss, the proceedings are mixed claims within the meaning of CPR 44.16(2)(b), and QOCS protection is not automatic but subject to the court's discretion to permit enforcement of costs orders as 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 to the extent considered just.