Roach v Home Office: Inquest costs appeal victory case summary

Victory against Home Office at Inquest Costs Appeal

Case summary

Hodge Jones & Allen successfully represented Mr & Mrs Roach against the Home Office regarding the recoverability of inquest costs, after their son, Craig, died in prison in 2004.

The issue was whether the costs of representation at an inquest are recoverable from a Defendant in a subsequent, successful civil claim.

Mr & Mrs Roach had been granted exceptional funding by the Legal Services Commission for the costs of representation at the inquest. The family then pursued a civil claim for compensation for breaches of Article 2, 3 & 4 of the European Convention on Human Rights. Mr & Mrs Roach entered into a conditional fee agreement as they were not eligible for public funding.

The Home Office offered to settle the claim for £10,000 plus costs. This offer was accepted and incorporated into court order on 3rd October 2007. 90% of the bill of costs was for the cost of representation at the inquest.

Senior Costs Judge Hurst accepted that the subject matter of the inquest and the civil claim were virtually identical but decided that Mr & Mrs Roach were only entitled to recover 50% of the inquest costs from the Home Office.

Both sides appealed, the Home Office contending that no inquest costs were recoverable. The appeal was heard before Mr Justice Davis at the High Court on 3rd & 4th December 2008 and judgment was given on 25th February 2009.

Mr Justice Davis comprehensively reviewed all the relevant case law and concluded that the inquest costs were recoverable subject to the amount being reasonable and proportionate.

Read this Roach v Home Office case report in full.