Simon O’Dwyer

Costs

Simon enjoys an extensive costs practice, regularly appearing in both the County Court and Senior Courts Costs Office.

Simon is often instructed in costs disputes where the principle of whether fixed costs or standard costs should be recoverable.

Selected Cases

He has particular expertise in more complex arguments surrounding the application of Qualified One Way Costs Shifting and has appeared in cases concerning:

• Both pre and post 1^st April 2013 CFAs in the same claim;
• Termination of a pre 1^st April 2013 CFA and subsequent entering of a post 1^st April 2013 in respect of the same accident/claim;
• Costs following acceptance of a Part 36 offer out of time;
• Costs recovery by a successful defendant against a successful claimant in a multi defendant case;
• Applications for strike out for abuse of process, claim disclosing no reasonable grounds and obstruction by the claimant or claimant’s representatives;
• Applications for consideration of the issue of fundamental dishonesty following discontinuance by a claimant;
• Fundamental dishonesty at trial;
• Costs following failure to beat a defendant’s Part 36 offer at trial;
• Counterclaims or Part 20 claims not involving a claim for personal injury;
• Claims in which the date of retainer is unclear and the claimant has led the defendant to believe QUOCS does not apply by filing a notice of funding and or paying interim costs orders- question of estoppel.

Examples of such cases include:

• Cases concerning the interaction between fixed costs and Part 36 (Broadhurst v Tan);
• Cases where the defendant argues that the claimant should have commenced the claim in within the Protocol for Low Value Claims rather than by letter of claim ie. Unreasonably valued the claim in excess of the upper limit of £25,000;
• Claims which settle prior to allocation having commenced in the Protocol for Low Value Claims but subsequently exited (Qader v Esure).

Awards

Baron Dr Ver Heyden de Lancey Prize Middle Temple

Certificate of Honour (Middle Temple)

News

• Crown Office Chambers is delighted to announce the recruitment of Paul Higgins and Simon O’Dwyer

Qualifications

LLB (Hons) University of Bristol

BVC (Outstanding) 1^st in Order of Merit

Harmsworth Scholarship Middle Temple

Kalisher Scholarship

Memberships

PIBA