Does the cap apply in all cases under QOCS?

• A. The cap applies unless an exception to costs applies
• B. The cap applies in all cases
• C. It never applies
• D. It applies only to pre-action costs

Answer: (A)

The key idea is that QOCS (Qualified One Way Cost Shifting) protects the claimant from having to pay the defendant’s costs if the claim fails, by introducing a cap on those costs. But that protection isn’t absolute—the cap can be displaced by specific exceptions to costs. In practice, the cap applies in the usual water-tight way, but if particular conduct or conditions arise (for example, fraud, abuse of process, or a breach of court directions/orders), those exceptions remove or override the cap and allow full costs to be awarded. So the cap is the default, not an absolute rule: it applies unless an exception to costs applies.