The QOCS rules apply to a single claim against a defendant which includes a claim for damages for personal injury. In Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) ( EWCA Civ 1105) the Court of Appeal held that these rules are not applicable to the entire action in which a claim for damages for personal injury is made. Thus the QOCS rules did not apply to an additional claim under CPR Part 20 in which parties were disputing responsibility for the payment of damages.
C had been injured in a skiing accident whilst on a package holiday arranged by D. D denied negligence and joined W's ski instructor (TP) as a third party. The judge dismissed C's claim against D, and D's claim against TP. He ordered that C should pay D's costs, and that D should pay TP's costs. He applied the rules on QOCS, directing that, pursuant to CPR 44.13 and CPR 44.14, neither costs order was to be enforced. He held that the new QOCS rules applied to CPR Part 20 claims in the same way as they applied to primary claims between claimant and defendant. On appeal this ruling was overturned.