Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) (25 July 2019)

Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) (25 July 2019)

The Deputy Master did not err in principle in allowing costs of attendance at the inquest and pre-inquest hearings as costs of the civil claim, as these were relevant to the issues in the civil claim and proportionate given the public interest and systemic issues involved. However, the Deputy Master erred in failing to properly assess whether all work claimed under items 68 and 69 of the Bill of Costs was relevant to the civil claim and proportionate in amount. These items must be reassessed to determine the extent to which the work was relevant and proportionate to the civil claim.

Citation
[2019] EWHC 1941 (QB)
Parties
Claimant/respondent: Diana Fullick; Claimant/respondent: Clara Fullick; Claimant/respondent: Denise Bacchus; Defendant/appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Appeal From Detailed Assessment of Costs / High Court (queen's Bench Division) Appellate Review of Costs Order
Outcome
Appeal allowed in part
Legal Topics
Recoverability of Inquest Costs in Civil Claims, Proportionality of Costs Under CPR 44.3, Assessment of Costs Post Jackson Reforms, Article 2 ECHR Claims, Police Liability
Civil Procedure Human Rights Law Costs Recoverability of Inquest Costs in Civil Claims Proportionality of Costs Under CPR 44.3 Assessment of Costs Post Jackson Reforms Article 2 ECHR Claims Police Liability

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Parties

Diana Fullick

Claimant/respondent

Clara Fullick

Claimant/respondent

Denise Bacchus

Claimant/respondent

The Commissioner of Police for the Metropolis

Defendant/appellant

Procedural Posture

Appeal From Detailed Assessment of Costs / High Court (queen's Bench Division) Appellate Review of Costs Order

Legal Issues

  1. 1 Whether the costs of attending and preparing for an inquest are recoverable as costs in a subsequent civil claim
  2. 2 Whether the costs awarded were proportionate to the issues in the civil claim under CPR 44.3(2) and (5)
  3. 3 Whether the Deputy Master erred in treating the inquest as the 'battleground' for the civil claim

Ratio Decidendi

The Deputy Master did not err in principle in allowing costs of attendance at the inquest and pre-inquest hearings as costs of the civil claim, as these were relevant to the issues in the civil claim and proportionate given the public interest and systemic issues involved. However, the Deputy Master erred in failing to properly assess whether all work claimed under items 68 and 69 of the Bill of Costs was relevant to the civil claim and proportionate in amount. These items must be reassessed to determine the extent to which the work was relevant and proportionate to the civil claim.

Court Disposition

Appeal allowed in part

Orders

  • Costs awarded for items 68 and 69 of the Bill of Costs are set aside and to be reassessed by a different Costs Judge.
  • Total costs to be awarded are to be reassessed in light of the reassessment of items 68 and 69.