Recovery Of Inquest Costs In Civil Claims ' Where Are We Now?

• Published date: 02 November 2020
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Human Rights, Civil Law
• Law Firm: Hill Dickinson
• Author: Kate Fawell-Comley

Even though non-means testing funding to provide legal representation at inquests for bereaved families has been supported by the chief coroner, it is unavailable unless exceptional circumstances apply.

Consequently, with increasing frequency, families are seeking to recover the costs of legal representation at inquests from subsequent civil claims. There is a body of case law regarding the recovery of the bereaved's inquest costs as part of the costs of a subsequent successful civil claim. The issue for the other party (the defendant in subsequent civil proceedings) is how liability for those costs can be minimised.

Case law: an overview

1. Re Gibson's Settlement Trusts [1981] 1 All ER 233

It was held that an order for the payment of costs incurred before proceedings commenced would not be disallowed solely on that account. The work for which the claimant seeks to recover must be:

• Of use and service in the civil claim
• Relevant to the matters in issue in the claim
• Attributable to the defendant's conduct

2. Roach & Anor -v- Home Office [2009] EWHC 312 (QB)

It was held that costs of, and incidental to, all proceedings shall be 'at the discretion of the court' and that there was no rule that inquest costs could not be recovered. Costs should be dealt with on a case-by-case basis.

3. Douglas -v- Ministry of Justice and Care UK [2018] EWHC B2 (Costs)

It was held that some inquest costs were recoverable under the Re Gibson test even in circumstances where a full (but general) admission of liability had been made in advance of the inquest.

Only the costs of evidencing failures against the defendants could be recovered and on that basis seeking disclosure and obtaining witness evidence from them was recoverable. The costs of making submissions designed to secure a particular verdict was also recoverable.

4. Fullick -v- the Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB)

In this claim, the defendant accepted that the costs of attending the inquest were recoverable but challenged the amount claimed, to include the pre-inquest review hearings (PIR) on the basis of proportionality: attendance at the PIR was to assist the coroner for the purpose of gathering evidence only and therefore not recoverable .

The deputy master held that:

• The PIRs 'were instrumental in a number of different ways in getting [the claimants'] own pathology evidence heard at the inquest, in compelling certain police witnesses to attend.'
• The inquest 'went a lot further than...