Wilton v The Youth Justice Board

Wilton v The Youth Justice Board

Costs incurred by the Claimant’s solicitor for days 23 to 30 of the Inquest are not irrecoverable in principle; work relevant to the civil claim, including attending the verdict and related proceedings, may be recoverable if it meets the Gibson criteria. Costs solely for assisting the Coroner are not recoverable and must be separated out at detailed assessment.

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
Claimant’s application on recoverability of inquest attendance costs for days 23 to 30 allowed in principle; detailed assessment to follow.
Legal Topics
Recoverability of Inquest Costs, Costs Incidental to Civil Proceedings, Detailed Assessment
Civil Procedure Costs Recoverability of Inquest Costs Costs Incidental to Civil Proceedings Detailed Assessment

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 days 23 to 30 of the Inquest are recoverable as costs incidental to the civil claim
  2. 2 Whether such costs are divisible between 'assisting the Coroner' and 'evidence gathering' for the civil claim

Ratio Decidendi

Costs incurred by the Claimant’s solicitor for days 23 to 30 of the Inquest are not irrecoverable in principle; work relevant to the civil claim, including attending the verdict and related proceedings, may be recoverable if it meets the Gibson criteria. Costs solely for assisting the Coroner are not recoverable and must be separated out at detailed assessment.

Court Disposition

Claimant’s application on recoverability of inquest attendance costs for days 23 to 30 allowed in principle; detailed assessment to follow.

Orders

  • YJB’s submission that it has no liability for Bhatt Murphy’s costs for days 23 to 30 of the Inquest is rejected.
  • Divisible items relating solely to assisting the Coroner to be separated and disallowed at detailed assessment.