The Commissioner of Police of the Metropolis v Brown

The Commissioner of Police of the Metropolis v Brown

Where a claimant advances claims for damages for personal injury alongside other claims, the proceedings are considered mixed claims under CPR 44.16(2)(b), and QOCS protection is not automatic; the court retains discretion to permit enforcement of costs orders as it considers just.

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
Civil Appeal / Appeal Judgment on Costs Following Trial and Costs Order
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Personal Injury, Mixed Claims, Discretion on Costs Orders
Civil Procedure Costs Law Qualified One Way Costs Shifting (qocs) Personal Injury Mixed Claims Discretion on Costs Orders

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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

Civil Appeal / Appeal Judgment on Costs Following Trial and 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, the proceedings are considered mixed claims under CPR 44.16(2)(b), and QOCS protection is not automatic; the court retains 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.