Stewart & Anor v Medway NHS Trust [2004] EWHC 9013 (Costs) (06 April 2004)

Stewart & Anor v Medway NHS Trust [2004] EWHC 9013 (Costs) (06 April 2004)

Costs of attending and preparing for the inquest are recoverable as costs of and incidental to the clinical negligence proceedings because they were reasonably incurred for the purpose of advancing the claim.

Citation
[2004] EWHC 9013 (Costs)
Parties
Claimant: Claimants; Defendant: Defendants
Jurisdiction
England and Wales
Judgment Date
06 April 2004
Procedural Posture
Clinical Negligence Proceedings Under the Fatal Accidents Act / Detailed Assessment of Costs
Outcome
Costs of attending and preparing for the inquest are recoverable; permission to appeal granted.
Legal Topics
Recoverability of Inquest Costs, Pre Action Costs, Costs Orders
Civil Procedure Clinical Negligence Costs Recoverability of Inquest Costs Pre Action Costs Costs Orders

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Parties

Claimants

Claimant

Defendants

Defendant

Procedural Posture

Clinical Negligence Proceedings Under the Fatal Accidents Act / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether costs of attending and preparing for an inquest are recoverable as costs of and incidental to clinical negligence proceedings

Ratio Decidendi

Costs of attending and preparing for the inquest are recoverable as costs of and incidental to the clinical negligence proceedings because they were reasonably incurred for the purpose of advancing the claim.

Court Disposition

Costs of attending and preparing for the inquest are recoverable; permission to appeal granted.

Orders

  • Costs of inquest attendance and preparation allowed as recoverable costs.
  • Permission to appeal granted; notice of appeal to be filed within 14 days from end of detailed assessment.