Lynch -v- Chief Constable of Warwickshire Police, Warwickshire County Council and Coventry and Warwickshire NHS Trust, High Court, 2014
The facts
Ms Lynch was murdered by her former partner in 2005. Prior to the murder, Ms Lynch and her family had contacted the police and social services on several occasions to report problems.
Following the murder, the defendants were sued by the victim's family on behalf of her estate. The claims were settled and the claimants sought to recover costs of £1.5m including approximately £750,000 for the pre-inquest preparation and inquest attendance.
The Court had to consider what inquest costs could be recovered in subsequent civil proceedings.
Previous position
Roach v Home Office [2009] EWHC 312 (QB) established that inquest costs could be recoverable as costs "incidental to" subsequent civil proceedings. It left open the question of what was included in "incidental to" however.
Re Gibsons Settlement Trusts [1981] Ch 179 also provided some assistance and set out three principles to consider. Costs must:
- Be of at least potential benefit to the claimant
- Relate in some way to the issues which arise or are likely to arise in the proceedings concerned
- Be attributable in some way to the defendant
The new test
Master Rowley found the claimant's costs to be globally disproportionate. He found inquest attendance costs were justified in order to gather evidence, providing this is reasonable and proportionate in pursuit of the civil claim.
The defendants raised issues of necessity and proportionality, noting that as disclosure had taken place prior to the inquest, the claimants had been given access to sufficient evidence to support the civil claim, negating the need for attendance at the inquest.
Helpfully, Master Rowley found that in respect of attendance costs incurred, the following categories were not recoverable:
- Time spent that was irrelevant to the civil claim (including attending pre-inquest review, the opening of the inquest, procedural matters, summing up, jury questions and waiting for the jury)
- Time spent listening to witness statements
The defendants also questioned the level of representation; in the case, a QC, junior counsel, a partner and a trainee solicitor. The costs of junior counsel (or senior solicitor) only were awarded in respect of attendances during:
- The Claimant's witnesses evidence
- When no questions were asked by the claimant's team
- The evidence of witnesses whom the coroner described as not being involved
- The evidence of the defendants' systems witnesses Additionally, where witnesses had previously given evidence in other proceedings (police disciplinary hearings) only the attendance costs of a trainee solicitor, for note taking purposes, was recoverable.
What can we learn?
- This decision is extremely useful to insurers who are often faced with incredibly high bills of costs from claimants for their attendance at inquests
- Although the costs of attendance will still be permitted where it benefits the civil claim, the judgment is a clear attempt to align the costs position with the new overriding objective, in particular proportionality
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