Wilton v The Youth Justice Board [2010] EWHC 90188 (Costs) (23 December 2010)

Wilton v The Youth Justice Board [2010] EWHC 90188 (Costs) (23 December 2010)

Costs incurred by the Claimant's solicitor for attending the inquest on days 23 to 30 are not irrecoverable in principle; work relevant to the civil claim, including attendance for verdict and related matters, may be recoverable, subject to detailed assessment to separate out any elements solely assisting the Coroner.

Citation
[2010] EWHC 90188 (Costs)
Parties
Claimant: Pamela Wilton (Administratrix of Estate of Gareth Myatt, Deceased and on her own behalf); 1st Defendant: The Youth Justice Board; 2nd Defendant: Rebound ECD Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2010
Procedural Posture
Costs Assessment / Preliminary Issue Judgment on Recoverability of Inquest Attendance Costs
Outcome
Issue decided in favour of the Claimant on the preliminary point; Defendant's broad objection rejected.
Legal Topics
Recoverability of Inquest Costs, Costs Incidental to Civil Proceedings, Division of Costs Between Evidence Gathering and Assisting the Coroner
Civil Procedure Costs Recoverability of Inquest Costs Costs Incidental to Civil Proceedings Division of Costs Between Evidence Gathering and Assisting the Coroner

Case Brief

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Parties

Pamela Wilton (Administratrix of Estate of Gareth Myatt, Deceased and on her own behalf)

Claimant

The Youth Justice Board

1st Defendant

Rebound ECD Limited

2nd Defendant

Procedural Posture

Costs Assessment / Preliminary Issue Judgment on Recoverability of Inquest Attendance Costs

Legal Issues

  1. 1 Whether costs incurred by the Claimant's solicitor for attending the inquest on days 23 to 30 are recoverable as costs incidental to the civil claim
  2. 2 Whether work done during those days was for evidence gathering or merely assisting the Coroner and thus irrecoverable

Ratio Decidendi

Costs incurred by the Claimant's solicitor for attending the inquest on days 23 to 30 are not irrecoverable in principle; work relevant to the civil claim, including attendance for verdict and related matters, may be recoverable, subject to detailed assessment to separate out any elements solely assisting the Coroner.

Court Disposition

Issue decided in favour of the Claimant on the preliminary point; Defendant's broad objection rejected.

Orders

  • Claimant's costs for days 23 to 30 of the inquest are not irrecoverable in principle; detailed assessment to determine recoverability of individual items.
  • Parties to submit availability for detailed assessment; submissions for permission to appeal to be lodged within 14 days if desired.