COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS
There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac  EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law.
- In a fatal claim the costs of attending the inquest are potentially recoverable as a costs of the action and do not represent a head of damages.
- The costs of judicial review proceedings, when those costs were ordered to be paid by a relative of the deceased, are not recoverable as costs of the action.
The judge was assessing damages in a case where liability was admitted. Mr Ewan had died during an operation for transaortic valve implant. There had been a lengthy coroner’s inquest and Mr Ewan’s daughter had issued a judicial review application. That application had failed and she had been ordered to pay costs.