Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) (25 September 2020)

Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) (25 September 2020)

The Appellant's correspondence did not amount to a binding admission of liability under CPR 14.1A. In the absence of such an admission, the Respondent was entitled to treat the risk of the Appellant resiling from its position as real, making the costs of preparing for and attending the inquest incidental to the civil claim and in principle recoverable, subject to assessment for reasonableness and proportionality.

Citation
[2020] EWHC 2550 (Comm)
Parties
Appellant/first Defendant: Greater Manchester Fire and Rescue Service; Respondent/claimant: Susan Ann Veevers
Jurisdiction
England and Wales
Judgment Date
25 September 2020
Procedural Posture
Appeal (costs) / Appeal From Regional Costs Judge Decision
Outcome
Appeal dismissed
Legal Topics
Recoverability of Inquest Costs, Pre Action Admissions, Assessment of Costs, Fatal Accident Act Claims
Civil Procedure Costs Recoverability of Inquest Costs Pre Action Admissions Assessment of Costs Fatal Accident Act Claims

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Parties

Greater Manchester Fire and Rescue Service

Appellant/first Defendant

Susan Ann Veevers

Respondent/claimant

Procedural Posture

Appeal (costs) / Appeal From Regional Costs Judge Decision

Legal Issues

  1. 1 Are the costs of preparing for and attending the inquest into Mr Hunt's death recoverable as costs incidental to the civil claim?
  2. 2 Did the Appellant's correspondence amount to an admission of liability sufficient to preclude recovery of inquest costs?

Ratio Decidendi

The Appellant's correspondence did not amount to a binding admission of liability under CPR 14.1A. In the absence of such an admission, the Respondent was entitled to treat the risk of the Appellant resiling from its position as real, making the costs of preparing for and attending the inquest incidental to the civil claim and in principle recoverable, subject to assessment for reasonableness and proportionality.

Court Disposition

Appeal dismissed

Orders

  • Costs of preparing for and attending the inquest are in principle recoverable, subject to detailed assessment for reasonableness and proportionality.
  • Matter remitted to the Costs Judge for assessment of the amount of costs.