Litigant In Person Hourly Rate: New Rates to be Considered
Contact Us Today
Litigant in Person Hourly Rate Review
A recent article in the Law Gazette discusses a potential increase in the hourly rate that litigants in person can claim for. This would mean an increase from the current £19 an hour rate, enabling people to recover more for the time and effort they put into their case.
The current rate of £19 an hour has been unchanged since 2014 and is considered by many to have become outdated due to inflation and rising legal expenses.
The amount LiPs can claim is also capped at two thirds of what a solicitor could recover, and so this newest review will look to address the gap between LiPs and solicitor rates.
If the hourly rate does increase following the review, it will have an impact on costs, as it would lead to higher overall legal costs in some cases. However, it may also be a welcome change, as a higher rate would encourage more people to represent themselves in court, potentially increasing access to justice for more people.
What is a Litigant in Person?
A litigant in person (LiP) is an individual who represents themselves in legal proceedings without the assistance of a solicitor or barrister.
Instead of relying on a legal professional, LiPs handle all aspects of their case, from filing paperwork to appearing in court. They effectively argue their own case.
The Civil Procedure Rules (CPR) 46.5 explains a LiP as:
“a company or other corporation which is acting without a legal representative; and any of the following who acts in person (except where any such person is represented by a firm in which that person is a partner) (i) a barrister; (ii) a solicitor; (iii) a solicitor’s employee; (iv) a manager of a body recognised under section 9 of the Administration of Justice Act 1985; or (v) a person who, for the purposes of the 2007 Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).”
People often become LiPs to save legal fees or because they feel they have adequate knowledge to represent themselves effectively.
While self-representation can give a person more control over their case, acting without the help of formal legal services can be challenging due to the specialist nature of some cases, plus the wide range of legal procedures to follow.
Litigant in Person costs Recovery
The Litigants in Person (Costs and Expenses) Act 1975 states that individuals who represent themselves in legal proceedings should be allowed to recover costs related to their work in the case.
Under this Act, litigants in person can claim costs for their time, expenses, and efforts in conducting their case. This can include costs such as:
- Court fees: Filing fees, hearing fees, and other court-related charges.
- Travel expenses: Costs associated with travelling to and from court, including transportation, accommodation, and meals.
- Expert witness fees: If a LiP hires an expert to provide evidence in their case.
- Other expenses: Such as photocopying, postage, and stationery.
However, the amount of costs a LiP can recover is limited, currently capped at £19 per hour, or if the person can prove financial loss, the amount of time reasonably spent doing the work. Additionally, the amount should be no more than two thirds of what a solicitor could have recovered if they had represented the client.
How can ARC Costs Assist?
The costs team at ARC Costs are highly experienced in the recovery of Litigant in Persons hourly rates and costs.
We regularly represent both paying and receiving parties in costs cases and ensure that the best outcome is always achieved for our client. Costs law has become an incredibly complex area of law, and it is imperative that a costs expert is always instructed in relation to any dispute so as to ensure you are maximising your recovery/achieving the best reduction possible.
If you require any free initial advice or our assistance with regards to any aspect of Litigant In Person hourly rates and costs, please do not hesitate to contact us via the Contact Us at 01204 397302 or info@arccosts.co.uk.