Litigants in person

Litigant in person costs, explained.

Help for people who ran their own case and won a costs order, and for solicitors dealing with a litigant in person's claim.

Qualified Costs Lawyers, regulated by the Costs Lawyers Standards Board (CLSB), supported by experienced Costs Draftsmen.

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Court papers and notes for a litigant in person costs claim

Costs for litigants in person

More people now run their own cases in the civil courts, and many of them win. When the court orders the other side to pay a litigant in person's costs, the question becomes what can actually be claimed. The answer is set out in CPR 46.5 and Practice Direction 46, and it is quite different from the rules for a party who has instructed solicitors.

We help litigants in person, and the solicitors acting against them, work out what is recoverable and prepare or challenge the claim. Our qualified Costs Lawyers are regulated by the Costs Lawyer Standards Board and can take instructions directly from members of the public.

What a litigant in person can recover

A litigant in person can claim for time reasonably spent on the case. If they can prove that the time caused them financial loss, such as lost earnings, they can claim that loss. If they cannot prove a loss, they are allowed a fixed hourly rate for the time spent, which is set in Practice Direction 46.

They can also claim reasonable disbursements, such as court fees and the cost of an expert report, and payments reasonably made for legal services relating to the conduct of the proceedings. Their own costs for doing the work are capped at two-thirds of the sum that would have been allowed had they been legally represented.

Preparing a litigant in person's costs claim

A good claim is built on a clear record of time. We help litigants in person turn diaries, emails and notes into a schedule that shows what was done, when and for how long, and gather the evidence of any financial loss. For a short hearing that will be a statement of costs for summary assessment; for longer cases it will be a bill of costs for detailed assessment.

We also check whether any fixed costs regime applies, including fixed recoverable costs, because that can change what is payable whatever the time spent. Where the other side makes a low offer, we can advise on whether to accept it or make a Part 36 offer of your own.

Acting against a litigant in person

For solicitors and paying parties, a litigant in person's claim needs careful handling. Claims are sometimes presented at solicitor rates, include time that was not reasonably spent, or claim loss without supporting evidence. We prepare proportionate points of dispute that identify these issues clearly and respectfully, because the court will expect the represented party to behave reasonably towards someone without a lawyer.

Where a litigant in person has costs ordered against them, we can also help you prepare and recover your client's own costs, and advise on enforcement options where payment is not made.

Practical help without the jargon

Running a case alone is demanding enough without having to master the costs rules as well. We explain each step in plain English, agree a fee before starting and keep the work proportionate to the sums involved. Our office is in London and we take instructions remotely from across England and Wales.

If you are not sure whether your claim is worth pursuing, a short initial conversation is usually enough to tell you what is likely to be recoverable and what the next step should be.

Frequently asked questions

Can a litigant in person claim costs?

Yes. Under CPR 46.5 a litigant in person who is awarded costs can recover them, but the amount is limited. They can claim for financial loss caused by the time spent on the case or, if they cannot prove a loss, a fixed hourly rate set in Practice Direction 46, plus reasonable disbursements.

What hourly rate can a litigant in person claim?

Where financial loss cannot be proved, paragraph 3.4 of Practice Direction 46 sets the rate at £24 an hour. It was £19 an hour from 2014 until the rate was reviewed and increased, so older guides may still quote the lower figure.

Is there a cap on what a litigant in person can recover?

Yes. The costs allowed for the litigant's own work cannot exceed two-thirds of the amount that would have been allowed if they had been legally represented, although disbursements are dealt with separately.

Can a litigant in person recover the cost of using a Costs Lawyer?

The rules allow a litigant in person to recover the reasonable cost of obtaining expert assistance in assessing the costs claim, which can include help from a Costs Lawyer or a law costs draftsman. This should be raised with us at the outset so the fees can be considered.

This guide is general information, not legal advice. Our Costs Lawyers are regulated by the Costs Lawyer Standards Board.

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