Davis J found that costs incurred attending inquests are recoverable as costs “of and incidental to” subsequent civil proceedings under section 51 of the Supreme Court Act 1981, rejecting the Home Office’s argument for an absolute bar on such recovery.
- Costs incurred in prior proceedings, such as an inquest, are capable of being recoverable as costs ‘of and incidental to’ subsequent civil proceedings under section 51 of the Supreme Court Act 1981. There is no absolute rule precluding such recovery.
- The recoverability of costs from a prior proceeding depends on whether they were of use and service in the action, relevant to an issue, or attributable to the paying party’s conduct, applying the principles from re Gibson’s Settlement Trusts.
- The purpose of a party’s attendance at a prior proceeding is a relevant consideration but is not decisive for determining whether the costs are incidental to subsequent civil proceedings. The objective relevance and utility of the attendance to the subsequent proceedings are key.
- The fact that a prior proceeding, such as an inquest, has no power to award costs does not preclude the recovery of those costs as incidental to subsequent civil proceedings.
- On assessment, the recoverability and quantum of costs from a prior proceeding claimed as incidental costs are subject to tests of reasonableness and proportionality under the CPR, providing a safeguard for paying parties.
