Reclaiming Your Litigant in Person Expenses

Expenses Related to Litigant in Person

As per Section 46.5 of the Civil Procedure Rules, a Litigant in Person refers to:

"a company or other corporation acting without a legal representative; and any of the following individuals acting on their own behalf (excluding representation by a firm in which they are a partner): (i) a barrister; (ii) a solicitor; (iii) a solicitor’s employee; (iv) a manager of a body recognized under section 9 of the Administration of Justice Act 1985; or (v) a person who, for the purposes of the 2007 Act, is an authorized person in relation to an activity constituting the conduct of litigation (as per the meaning of that Act)."

In essence, a litigant in person is an individual or entity seeking to represent themselves in legal proceedings..

Upon obtaining a costs order, a successful Litigant in Person can recover the following:

1. Costs for work and disbursements that would have been recoverable if made by a legal representative acting on behalf of the Litigant in Person.

2. Costs for expert assistance incurred in assessing the claimed costs.

3. Reasonable costs for legal services concerning the proceedings, undertaken by the Litigant in Person.

Disbursements typically include fees for Counsel, instructed experts, Court fees, and fees for document service. Additionally, fees for translators, interpreters, surveyors, estate agents, and process servers may also be included.

Notably, fees for McKenzie Friends are generally not recoverable. However, if a McKenzie Friend is granted the right to conduct litigation or a right of audience, their fees can be recovered from the opposing party. In such cases, they are referred to as an exempt person instead of a McKenzie Friend.

Recoverable Expenses for Litigant in Person Cases

The Litigants in Person (Costs and Expenses) Act 1975 (as amended) governs the recovery of Litigant in Person costs, granting them the right to reclaim expenses incurred during proceedings and the costs of work done at a standard hourly rate. This Act applies to most cost-bearing tribunals, including civil and family courts, the Lands Tribunal, and both the first-tier and upper tribunals.

Under CPR 46.5, Litigant in Person costs can be claimed at a rate of £19 per hour. However, in cases where financial loss can be proven, the amount can be recovered for time reasonably spent on the work. For instance, in Spencer and Anor v Paul Jones Financial Services Ltd, a rate of £150 per hour was awarded for Litigant in Person costs. To demonstrate financial loss, Litigant in Person costs should provide evidence such as account records or other documents showing reduced income due to the litigation proceedings.

The case of Agassi v Robinson (HM Inspector of Taxes) clarified that Litigant in Person costs can be recovered even if they were only represented for part of the proceedings. This ruling established that Litigants in Person can recover costs for any work conducted while not represented.