Qualified one-way costs shifting (QOCS) is the rule that usually stops a personal injury claimant in England and Wales from paying the defendant's legal costs if the claim fails. For claims issued since 6 April 2023, costs orders against you can be enforced, without the court's permission, only up to the total of the damages, costs and interest ordered or agreed in your favour, so if you recover nothing there is normally nothing to enforce. The protection is lost if the claim is struck out for having no reasonable grounds, as an abuse of process or for obstructive conduct, can be lost if the claim is found fundamentally dishonest, and never pays your own lawyer. Scotland has its own version for claims commenced from 30 June 2021.
The general rule in civil cases is that the unsuccessful party will be ordered to pay the costs of the successful party, although the court has a discretion. QOCS, in Section II of Part 44 of the Civil Procedure Rules, changes what happens next for injury claimants. It applies to proceedings which include a claim for damages for personal injuries, a claim under the Fatal Accidents Act 1976, or a claim arising out of death or personal injury that survives for the benefit of an estate. It does not apply to applications for pre-action disclosure.
This guide explains the protection, the April 2023 change, the exceptions and the Scottish rules, as published on justice.gov.uk and legislation.gov.uk as of 28 September 2026. It is general information, not legal advice. See also our guides to no win no fee agreements and ATE insurance.
How QOCS works
If you lose, the court will usually still order you to pay the defendant's costs. QOCS limits what the defendant can do with that order. Under rule 44.14, orders for costs made against you may be enforced without the court's permission only to the extent that their total does not exceed the total of any orders for, or agreements to pay or settle a claim for, damages, costs and interest made in your favour. If you recover nothing, the defendant normally cannot enforce its costs against you at all. A person making a counterclaim or an additional claim for injury counts as a claimant for this purpose.
A costs order against you can only be enforced after the proceedings have concluded and the costs have been assessed or agreed. For claims issued on or after 6 April 2023, orders deemed to have been made, for example when you discontinue, count too. An order enforced only to this extent is not treated as an unsatisfied or outstanding judgment for any court record.
QOCS does not apply at all where you entered into a pre-commencement funding arrangement (rule 44.17). Under rule 48.2 that includes a conditional fee agreement with a success fee entered into before 1 April 2013 and an after-the-event insurance policy taken out for the proceedings before that date. Mesothelioma claims have a different relevant date.
When the protection applies: at a glance
The main situations, in brief:
| What happens | Effect on QOCS | Rule |
|---|---|---|
| You lose, or the claim is dismissed | Costs can be enforced only up to the damages, costs and interest in your favour | 44.14 |
| You do not beat the defendant's Part 36 offer | The defendant's later costs can be taken from that total | 36.17 and 44.14 |
| You discontinue the claim | You are liable for costs to that date, subject to the same cap | 38.6 and 44.14 |
| The claim is struck out: no reasonable grounds, abuse of process or obstruction | Full enforcement without permission | 44.15 |
| The claim is found fundamentally dishonest | Full enforcement with permission | 44.16(1) |
| A claim for someone else's benefit, or a claim that is not for injury or death | Enforcement with permission, to the extent the court considers just | 44.16(2) |
| Funding arrangement made before 1 April 2013 | QOCS does not apply | 44.17 |
QOCS protection checker
Indicative only. It applies rules 44.13 to 44.17 of the Civil Procedure Rules, including the April 2023 amendment, and section 8 of the Scottish 2018 Act with the 2021 court rules, as published on 28 September 2026. It is not legal advice. Nothing you enter leaves your browser.
Part 36 offers, discontinuance and the April 2023 change
If you fail to obtain a judgment more advantageous than a defendant's Part 36 offer, the court must, unless it considers it unjust, order that the defendant is entitled to its costs from the date on which the relevant period expired, with interest on those costs (rule 36.17). QOCS does not cancel that order; it limits enforcement to the total in your favour, so the defendant's later costs can come out of your damages. If you discontinue, rule 38.6 makes you liable, unless the court orders otherwise, for the defendant's costs incurred on or before the date the notice of discontinuance was served, and the same cap applies.
The Civil Procedure (Amendment) Rules 2023 changed rule 44.14 from 6 April 2023. Their explanatory note says the change lets the court set off the parties' costs liabilities against each other, after Ho v Adelekun [2021] UKSC 43 found the old wording did not allow it, and brings agreements, including Part 36 acceptances and settlements by Tomlin order, within the rule. The amendment applies only to claims where proceedings are issued on or after 6 April 2023. For older claims the cap is the total of orders for damages and interest in your favour. Under the amended rule, costs owed each way can be set off (rules 44.14(4) and 44.12).
When you can lose the protection
Rule 44.15 removes the protection, with no need for the court's permission, where the proceedings are struck out because you disclosed no reasonable grounds for bringing them, because they are an abuse of the court's process, or because your conduct, or that of someone acting for you with your knowledge, is likely to obstruct the just disposal of the proceedings.
Under rule 44.16(1), the defendant can enforce its costs in full, with the court's permission, where the claim is found on the balance of probabilities to be fundamentally dishonest. Practice Direction 44 says the court will normally decide that allegation at the trial, will not do so after a settlement save in exceptional circumstances, and may still decide it after a notice of discontinuance. Separately, under section 57 of the Criminal Justice and Courts Act 2015, if the court finds you entitled to damages but is satisfied, on the defendant's application, that you were fundamentally dishonest in relation to the claim, it must dismiss the whole claim, honest parts included, unless you would suffer substantial injustice.
Rule 44.16(2) allows enforcement with permission, to the extent the court considers just, where the proceedings include a claim made for the financial benefit of someone other than you or a dependant, or a claim that is not for injury, death or an estate. Practice Direction 44 gives subrogated claims and credit hire as examples. Claims for gratuitous care, such as unpaid help from relatives and friends, earnings paid by an employer and medical expenses do not count as claims for someone else's benefit.
QOCS in Scotland
Scotland's version is in section 8 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. It applies where the person bringing the proceedings claims damages for personal injuries, which include any disease and any impairment of physical or mental condition, or for the death of a person from personal injuries. If the pursuer conducts the proceedings in an appropriate manner, the court must not award expenses against them relating to the claim or any appeal. Section 8 came into force on 30 June 2021 and applies to claims commenced on or after that date.
The protection is lost if the pursuer or their legal representative makes a fraudulent representation or otherwise acts fraudulently, behaves in a manner which is manifestly unreasonable, or conducts the proceedings in a way the court considers an abuse of process, on the balance of probabilities. It does not cover expenses relating to other types of claim in the same proceedings.
Court rules made in 2021 add three exceptions: failing to obtain damages greater than a tender lodged in process, unreasonable delay in accepting a tender, and abandoning the action or appeal. Where expenses are awarded because of a tender, the pursuer's liability cannot exceed the defender's expenses after the date of the tender and is limited to 75% of the damages awarded. See making a claim in Scotland.
What QOCS does not cover
QOCS limits what the defendant can recover from you. It does not pay your own solicitor's charges or your own expenses, such as court fees and medical reports.
Before you start, ask how your funding agreement deals with your own costs if the claim fails. Our guides to conditional fee agreements, Part 36 offers and going to court explain those steps.
Frequently asked questions
What does QOCS mean?
QOCS stands for qualified one-way costs shifting. In England and Wales it is set out in rules 44.13 to 44.17 of the Civil Procedure Rules. It usually stops a defendant enforcing a costs order against an injury claimant beyond the damages, costs and interest ordered or agreed in the claimant's favour.
Does QOCS apply to all personal injury claims?
It applies to proceedings that include a claim for damages for personal injuries, a Fatal Accidents Act claim or an estate claim arising from death or injury. It does not apply to pre-action disclosure applications or where there is a funding arrangement made before 1 April 2013, and other claims in the same case can be treated differently.
What happens to QOCS if I do not beat a Part 36 offer?
The court will normally order you to pay the defendant's costs from the end of the relevant period. Under QOCS those costs can be enforced without permission up to the damages, costs and interest in your favour (damages and interest only for claims issued before 6 April 2023), so they can reduce or use up your damages.
Can I lose QOCS protection for fundamental dishonesty?
Yes. If the court finds the claim fundamentally dishonest on the balance of probabilities, the defendant can enforce its costs in full with the court's permission. The court normally decides this at trial, and section 57 of the Criminal Justice and Courts Act 2015 can also lead to the whole claim being dismissed.
Does QOCS apply in Scotland?
Yes, under section 8 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, for claims commenced on or after 30 June 2021. It is lost for fraud, manifestly unreasonable behaviour or abuse of process, and court rules allow limited expenses awards after tenders and abandonment.
Official sources for the rules
- Civil Procedure Rules, Part 44: the QOCS rules are in Section II, rules 44.13 to 44.17, on justice.gov.uk
- Practice Direction 44: paragraphs 12.1 to 12.7 cover QOCS
- Civil Procedure Rules, Part 36: offers to settle and their costs consequences
- legislation.gov.uk: section 8 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
Related guides: ATE insurance, no win no fee explained, Part 36 offers, going to court and choosing a solicitor.
Official sources used for this guide: Civil Procedure Rules, Part 44; Practice Direction 44; Civil Procedure (Amendment) Rules 2023; Civil Procedure Rules, Part 36; Criminal Justice and Courts Act 2015, section 57; Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, section 8; Act of Sederunt (Qualified One-Way Costs Shifting) 2021. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.