QOCS, STRIKING OUT AND THE LIABILITY TO PAY IN FULL: A COUNTY COURT DECISION

Civil Litigation Brief

I am grateful to Colm Nugent of Hardwicke Chambers for sending me a copy of the judgment in Wall -v- British Canoe Union. A decision of HH Judge Lopez in Birmingham County Court on the 30th July 2015.  The judgment deals with important issues of negligence and liability which makes it worthwhile reading in any event. However here we are concerned solely with the issue of QOCS. The case is a stark reminder that QOCS protection does not apply in a case where an action is struck out when a claimant has shown no reasonable grounds for bringing the proceedings.

(The order and judgment is attached to this blog and is available  on this link wardvBCU)

THE CASE

The claimant’s husband was killed in a weir whilst canoeing. She brought an action against the British Canoe Union claiming that it was negligent in that a published guide gave a…

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