Greater Manchester Fire and Rescue Service v Veevers

Greater Manchester Fire and Rescue Service v Veevers

In the absence of a formal, unqualified admission of liability by the Appellant, the Respondent was entitled to treat the Appellant's correspondence as capable of withdrawal and to incur reasonable and proportionate costs in preparing for and attending the inquest, as those costs remained incidental to the civil claim. The Costs Judge's evaluative judgment was correct and not vitiated by error of law.

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
Civil Appeal (costs) / Appeal From Costs Judge's 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

Civil Appeal (costs) / Appeal From Costs Judge's Decision

Legal Issues

  1. 1 Are the costs of preparing for and attending the inquest recoverable as costs of and 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

In the absence of a formal, unqualified admission of liability by the Appellant, the Respondent was entitled to treat the Appellant's correspondence as capable of withdrawal and to incur reasonable and proportionate costs in preparing for and attending the inquest, as those costs remained incidental to the civil claim. The Costs Judge's evaluative judgment was correct and not vitiated by error of law.

Court Disposition

Appeal dismissed

Orders

  • Costs of preparing for and attending the inquest are in principle recoverable as costs of and incidental to the civil claim, subject to assessment of reasonableness and proportionality by the Costs Judge.
  • Consequential order as agreed by the parties.