Fullick & Ors v The Commissioner of Police for the Metropolis

Fullick & Ors v The Commissioner of Police for the Metropolis

Inquest costs are recoverable in civil claims only if relevant to issues in the civil claim and proportionate in amount. The Deputy Master erred by failing to properly assess the relevance and proportionality of costs for items 68 and 69, requiring reassessment.

Parties
Claimant/respondent: Diana Fullick; Claimant/respondent: Clara Fullick; Claimant/respondent: Denise Bacchus; Defendant/appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Civil Appeal / Appeal From Costs Assessment
Outcome
Appeal allowed in part
Legal Topics
Costs Assessment, Recoverability of Inquest Costs, Proportionality, Article 2 ECHR, Negligence, Misfeasance in Public Office
Civil Procedure Human Rights Tort Law Costs Assessment Recoverability of Inquest Costs Proportionality Article 2 ECHR Negligence +1 more

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Parties

Diana Fullick

Claimant/respondent

Clara Fullick

Claimant/respondent

Denise Bacchus

Claimant/respondent

The Commissioner of Police for the Metropolis

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Costs Assessment

Legal Issues

  1. 1 Are inquest costs recoverable as costs in a related civil claim?
  2. 2 Were the costs awarded proportionate to the matters in issue?
  3. 3 Did the Deputy Master err in law in assessing costs for items 68 and 69?

Ratio Decidendi

Inquest costs are recoverable in civil claims only if relevant to issues in the civil claim and proportionate in amount. The Deputy Master erred by failing to properly assess the relevance and proportionality of costs for items 68 and 69, requiring reassessment.

Court Disposition

Appeal allowed in part

Orders

  • Costs for items 68 and 69 set aside and to be reassessed by a Costs Judge other than Master Rowley.
  • Total costs to be awarded are to be reassessed in light of the reassessment of items 68 and 69.