King v Milton Keynes General NHS Trust

King v Milton Keynes General NHS Trust

The court has jurisdiction to award the costs of attendance at an inquest if a material purpose of that attendance is to obtain information or evidence for use in subsequent civil proceedings, subject to reasonableness and proportionality. However, costs incurred solely to persuade the coroner to reach a particular verdict or to adduce evidence to the inquest are not recoverable.

Parties
Claimant: Jacqueline King; Defendant: Milton Keynes General NHS Trust
Jurisdiction
England and Wales
Judgment Date
13 May 2004
Procedural Posture
Costs Assessment in Civil Proceedings (clinical Negligence) / Detailed Assessment of Costs After Settlement
Outcome
Claimant partially successful on costs assessment
Legal Topics
Recoverability of Inquest Costs, Jurisdiction to Award Costs, Reasonableness and Proportionality of Costs
Civil Procedure Medical Negligence Costs Law Recoverability of Inquest Costs Jurisdiction to Award Costs Reasonableness and Proportionality of Costs

Case Brief

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Parties

Jacqueline King

Claimant

Milton Keynes General NHS Trust

Defendant

Procedural Posture

Costs Assessment in Civil Proceedings (clinical Negligence) / Detailed Assessment of Costs After Settlement

Legal Issues

  1. 1 Whether costs incurred for attendance and representation at an inquest are recoverable as costs incidental to subsequent civil proceedings
  2. 2 Whether the court has jurisdiction to award such costs
  3. 3 Whether all or part of the inquest costs are reasonable and proportionate

Ratio Decidendi

The court has jurisdiction to award the costs of attendance at an inquest if a material purpose of that attendance is to obtain information or evidence for use in subsequent civil proceedings, subject to reasonableness and proportionality. However, costs incurred solely to persuade the coroner to reach a particular verdict or to adduce evidence to the inquest are not recoverable.

Court Disposition

Claimant partially successful on costs assessment

Orders

  • Claimant entitled to recover costs of attendance and representation at the inquest to the extent that such costs were incurred for the purpose of obtaining evidence for the civil claim, subject to reasonableness and proportionality.
  • Costs incurred to persuade the coroner to reach a particular verdict and costs of adducing evidence to the inquest (e.g., Dr Bell's attendance) are not recoverable.