Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) (8 January 2018)

Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) (8 January 2018)

The costs of attending the inquest are recoverable only to the extent that they involve participation in securing disclosure from the Defendants and obtaining witness evidence from the Defendants relevant to the civil claim. Costs relating to the failings of other parties, general procedural matters, or attendance at the Coroner’s summing up or waiting for the verdict are not recoverable. The Defendants’ full admission of liability prior to the inquest limited the scope of recoverable inquest costs. The application of the Gibson principles requires a line-by-line assessment to identify recoverable work.

Citation
[2018] EWHC B2 (Costs)
Parties
Claimant: Carla Douglas; First Defendant: Ministry of Justice; Second Defendant: Care UK
Jurisdiction
England and Wales
Judgment Date
08 January 2018
Procedural Posture
Costs Assessment / Detailed Assessment of Costs Following Settlement by Consent Order
Outcome
Partial allowance of inquest costs subject to detailed assessment
Legal Topics
Recoverability of Inquest Costs, Costs Assessment, Article 2 ECHR Claims, Negligence, Proportionality of Costs
Civil Procedure Human Rights Tort Law Recoverability of Inquest Costs Costs Assessment Article 2 ECHR Claims Negligence Proportionality of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Carla Douglas

Claimant

Ministry of Justice

First Defendant

Care UK

Second Defendant

Procedural Posture

Costs Assessment / Detailed Assessment of Costs Following Settlement by Consent Order

Legal Issues

  1. 1 Whether the costs of attending and participating in the inquest are recoverable as costs of and incidental to the civil claim against the Defendants
  2. 2 Application of the Gibson principles to inquest costs
  3. 3 Impact of pre-inquest admission of liability on recoverability of inquest costs

Ratio Decidendi

The costs of attending the inquest are recoverable only to the extent that they involve participation in securing disclosure from the Defendants and obtaining witness evidence from the Defendants relevant to the civil claim. Costs relating to the failings of other parties, general procedural matters, or attendance at the Coroner’s summing up or waiting for the verdict are not recoverable. The Defendants’ full admission of liability prior to the inquest limited the scope of recoverable inquest costs. The application of the Gibson principles requires a line-by-line assessment to identify recoverable work.

Court Disposition

Partial allowance of inquest costs subject to detailed assessment

Orders

  • The costs of attending the inquest are recoverable only insofar as they involve participation in securing disclosure from the Defendants and obtaining witness evidence from the Defendants.
  • Costs relating to other parties’ failings, general procedural matters, attendance at the Coroner’s summing up, or waiting for the verdict are not recoverable.