Roach & Ors v Home Office [2009] EWHC 312 (QB) (25 February 2009)

Roach & Ors v Home Office [2009] EWHC 312 (QB) (25 February 2009)

Costs of attending an inquest are not, as a matter of principle, incapable of being recoverable as costs of and incidental to subsequent civil proceedings. The recoverability depends on the relevance and reasonableness of the costs to the civil claim, and there is no rule of law precluding such recovery. The existence of public funding for inquest attendance does not bar recovery from the defendant in the civil proceedings.

Citation
[2009] EWHC 312
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 / High Court Appeal From Supreme Court Costs Office
Outcome
Appeal of claimants in Roach allowed; cross-appeal of Home Office dismissed; appeal of 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, Proportionality in Costs
Civil Procedure Costs Recoverability of Inquest Costs Costs of and Incidental to Proceedings Section 51 Supreme Court Act 1981 Assessment of Costs Proportionality in Costs

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Parties

Gerald Laurence Roach

Claimant

Jean Roach

Claimant

The Home Office

Defendant

Frances Matthews

Claimant

Procedural Posture

Costs Appeal / High Court Appeal From Supreme Court Costs Office

Legal Issues

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

Ratio Decidendi

Costs of attending an inquest are not, as a matter of principle, incapable of being recoverable as costs of and incidental to subsequent civil proceedings. The recoverability depends on the relevance and reasonableness of the costs to the civil claim, and there is no rule of law precluding such recovery. The existence of public funding for inquest attendance does not bar recovery from the defendant in the civil proceedings.

Court Disposition

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

Orders

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