“…4, which McCombe LJ described as “enshrin[ing] the core principle of the QOCS regime” in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724, [2019] Costs LR 1633 (at paragraph 14), means that orders for costs against a claimant can be the subject of set-off or other enforcement “only to the extent that the aggregate amo…”
“…it is legitimate to take this into account in interpreting the QOCS rules. I note that in Brown v Commissioner of the Metropolitan Police [2019] EWCA Civ 1724, [2019] Costs LR 1633, Coulson LJ at [30] expressed a contrary view, because the Explanatory Memorandum was not a document seen or approved by the Civil Procedure Rules Committee. H…”