Does the cap apply in all cases under QOCS?

Does the cap apply in all cases under QOCS?

• A. The cap applies unless an exception to costs applies
• B. The cap applies in all cases
• C. It never applies
• D. It applies only to pre-action costs

Answer: (A)

The key idea is that QOCS (Qualified One Way Cost Shifting) protects the claimant from having to pay the defendant’s costs if the claim fails, by introducing a cap on those costs. But that protection isn’t absolute—the cap can be displaced by specific exceptions to costs. In practice, the cap applies in the usual water-tight way, but if particular conduct or conditions arise (for example, fraud, abuse of process, or a breach of court directions/orders), those exceptions remove or override the cap and allow full costs to be awarded. So the cap is the default, not an absolute rule: it applies unless an exception to costs applies.

The key idea is that QOCS (Qualified One Way Cost Shifting) protects the claimant from having to pay the defendant’s costs if the claim fails, by introducing a cap on those costs. But that protection isn’t absolute—the cap can be displaced by specific exceptions to costs. In practice, the cap applies in the usual water-tight way, but if particular conduct or conditions arise (for example, fraud, abuse of process, or a breach of court directions/orders), those exceptions remove or override the cap and allow full costs to be awarded. So the cap is the default, not an absolute rule: it applies unless an exception to costs applies.