Roach & Ors v Home Office

Roach & Ors v Home Office

There is no absolute rule precluding recovery of inquest costs as costs of and incidental to subsequent civil proceedings. The court has jurisdiction under section 51 of the Supreme Court Act 1981 to allow such costs, subject to their relevance and reasonableness to the civil claim. The existence of public funding for inquest attendance does not bar recovery from the defendant. Each case must be assessed on its facts, and the costs judge must evaluate proportionality and necessity.

Parties
Claimant: Gerald Laurence Roach; Claimant: Jean Roach; Defendant: The Home Office; Claimant: Frances Matthews
Jurisdiction
England and Wales
Judgment Date
25 February 2009
Procedural Posture
Costs Appeal / Appeal From Costs Office to High Court
Outcome
Appeal of the claimants in Roach allowed; cross-appeal of the Home Office dismissed; appeal of the Home Office in Matthews dismissed.
Legal Topics
Recoverability of Inquest Costs, Costs of and Incidental to Proceedings, Section 51 Supreme Court Act 1981, Assessment of Costs
Civil Procedure Costs Recoverability of Inquest Costs Costs of and Incidental to Proceedings Section 51 Supreme Court Act 1981 Assessment of Costs

Case Brief

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Parties

Gerald Laurence Roach

Claimant

Jean Roach

Claimant

The Home Office

Defendant

Frances Matthews

Claimant

Procedural Posture

Costs Appeal / Appeal From Costs Office to High Court

Legal Issues

  1. 1 Whether costs of attending an inquest are recoverable as costs of and incidental to subsequent civil proceedings
  2. 2 Whether public funding for inquest attendance affects recoverability of such costs
  3. 3 Whether a rule exists precluding recovery of costs from one set of proceedings in another

Ratio Decidendi

There is no absolute rule precluding recovery of inquest costs as costs of and incidental to subsequent civil proceedings. The court has jurisdiction under section 51 of the Supreme Court Act 1981 to allow such costs, subject to their relevance and reasonableness to the civil claim. The existence of public funding for inquest attendance does not bar recovery from the defendant. Each case must be assessed on its facts, and the costs judge must evaluate proportionality and necessity.

Court Disposition

Appeal of the claimants in Roach allowed; cross-appeal of the Home Office dismissed; appeal of the Home Office in Matthews dismissed.

Orders

  • Matter in Roach remitted to the Costs Judge for further consideration of relevance, reasonableness, and proportionality of inquest costs.
  • No jurisdictional bar to recovery of inquest costs as costs of and incidental to civil proceedings.