Ho v Adelekun

Ho v Adelekun

Set-off of costs against costs is a form of enforcement within the meaning of CPR 44.14. The QOCS regime precludes enforcement of costs orders in favour of the defendant, including by set-off against costs orders in favour of the claimant, except up to the monetary amount of any orders for damages and interest in favour of the claimant. Where there is no such order for damages or interest, set-off is not permitted.

Parties
Respondent: Ho; Appellant: Adelekun
Jurisdiction
England and Wales
Judgment Date
06 October 2021
Procedural Posture
Personal Injury Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Costs Set Off, Civil Procedure Rules (cpr), Costs Enforcement
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qocs) Costs Set Off Civil Procedure Rules (cpr) Costs Enforcement

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Parties

Ho

Respondent

Adelekun

Appellant

Procedural Posture

Personal Injury Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Does the QOCS regime under CPR Part 44.14 preclude set-off of costs orders in favour of the defendant against costs orders in favour of the claimant?
  2. 2 Is set-off of costs against costs a form of 'enforcement' within the meaning of CPR 44.14?

Ratio Decidendi

Set-off of costs against costs is a form of enforcement within the meaning of CPR 44.14. The QOCS regime precludes enforcement of costs orders in favour of the defendant, including by set-off against costs orders in favour of the claimant, except up to the monetary amount of any orders for damages and interest in favour of the claimant. Where there is no such order for damages or interest, set-off is not permitted.

Court Disposition

Appeal allowed

Orders

  • Set-off of costs against costs is not permitted under QOCS except up to the amount of damages and interest ordered in favour of the claimant.