News in brief – 28.06.2018

News in brief

Council nominations close tomorrow

Members are reminded that that have until 4pm tomorrow (29 June) to make nominations to fill a vacancy on the ACL Council. Contact for more information.


Become a published author

The Council is encouraging members and student members to contribute articles to Costs Lawyer. These can be on topical issues, such as recent case law or particular matters you have encountered, and the work on researching and writing the article can count towards your CPD.

Costs Lawyer Standards Board rules provide for three CPD points for a “published written work on costs law e.g. article or law report (minimum 400 words per article)”, and a Costs Lawyer can claim up to six points a year this way.

It is best to approach the editor, Neil Rose, initially to discuss your idea before writing it. Email


Coroner ordered to pay costs

The senior coroner for Inner North London has been ordered to pay £68,000 on account of costs due to her unreasonable conduct and loss of neutrality.

In a high-profile ruling in April, a Jewish burial society and a woman concerned about the effects of the coroner’s so-called ‘cab rank’ policy, successfully brought a judicial review claim over her refusal to take into account Jewish or Muslim belief in the importance of speedy burials. The Divisional Court held that the policy was contrary to article 9 of the European Convention on Human Rights, discriminatory and irrational.

In R (on the application of Adath Yisroel Burial Society & Anor) v HM Senior Coroner for Inner North London [2018] EWHC 1286 (Admin), the claimants sought their costs, to which the court acceded in part for two reasons.

First was the defendant’s failure to reconsider her policy in light of the Chief Coroner’s intervention. “This is an important consideration when considering where, in fairness, the claimants’ costs should fall,” the court said, citing the fourth limb of the test set out in the leading authority on costs against coroners, R (Davies) v Birmingham Deputy Coroner [2004] EWCA Civ 207.

Second was the defendant’s addendum detailed grounds, filed in answer to the Chief Coroner’s detailed grounds, which the court said “mark the point at which she ceased to be neutral in stance (second limb of Davies). By them and from that point she advocated the correctness of her policy. She was no longer simply giving information to the court”.

As a result, the defendant, indemnified by the London Borough of Camden, had to pay the claimants’ reasonable costs from the date she filed her addendum. That there would be no costs ordered for the period before then was “consistent with Davies and the principle that a coroner who remains neutral should not ordinarily be liable for costs”.

Sam Grodzinski QC and Benjamin Tankel (instructed by Asserson Law Offices) for the claimants. Bridget Dolan QC and Briony Ballard (instructed by London Borough of Camden) and then Jonathan Glasson QC (instructed by Withers) for the defendant.


Exclusive Access

Members only article

This article is exclusively for ACL members. Please log in to proceed, or click the button below to fill out an application from and become a part of our professional community.

Post details

Post type
Costs News
Published date
28 Jun 2018

Fill this form out to be notified when booking goes live.

Your Full Name
This field is for validation purposes and should be left unchanged.