“…favour in a case to which QOCS applies. But they also approved the earlier decision of this court in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654, [2018] 1 WLR 6137 holding that there is no set-off against a sum recovered under an agreed settlement. The court made it clear that their task was simply to interpret the rules …”
“…o simply lose, and obtain no damages or costs order in their favour. A much larger effect on the levelling process was arrived at by the decision in Cartwright [2018] 1 WLR 6137 that damages and interest payable under a settlement did not count for the purposes of rule 44.14(1), since far more cases settle than go to trial. Where a cla…”
“… the QOCS rules are not intended to affect the liability of a claimant to pay her own solicitors. In Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654, [2018] 1 WLR 6137 Coulson LJ described the purpose and effect of the QOCS regime in these terms:…”