Litigant in Person Costs: What Can You Recover?

A litigant in person is someone who conducts legal proceedings without being represented by a solicitor or another legal representative. Although litigants in person do not incur the same solicitor’s fees as represented parties throughout the conduct of litigation, they may still be entitled to recover certain legal costs if the court makes an appropriate costs order.

Under the Civil Procedure Rules, litigants in person can potentially recover compensation for time reasonably spent working on their case, together with certain expenses incurred during the proceedings. However, there are important restrictions on what can be claimed, how the costs are calculated and the evidence required.

ARC Costs explains the rules governing litigant in person costs, including the applicable hourly rate, recoverable expenses and the process for claiming costs.

What is a litigant in person?

A litigant in person is an individual or organisation conducting proceedings without a professional legal representative for the relevant work. This may include someone bringing a claim, defending proceedings or dealing with an application without instructing a solicitor.

The definition is wider than an individual acting without a legal adviser. Under CPR 46.5, certain legal professionals and organisations may also fall within the rules when acting on their own behalf.

For example, the provisions can apply to a solicitor acting personally, a solicitor’s employee, or a person who is a partner in a firm of solicitors, depending on the circumstances.

The rules also address persons connected with a body recognised under section 9 of the Administration of Justice Act 1985. The key distinction is whether the party is conducting the relevant work as a litigant in person rather than recovering ordinary legal representation costs.

Can litigants in person recover legal costs?

Yes, under CPR 46.5, litigants in person may recover certain costs where the court makes a costs order in their favour. These can include costs for legal services relating to the conduct of the proceedings, expenses reasonably incurred and the cost of obtaining expert assistance in assessing the costs claim.

However, the entitlement is not automatic simply because someone has successfully pursued or defended a claim. The court must first have jurisdiction to award costs, and the claim remains subject to the applicable rules of assessment.

For example, the small claims track has its own restrictive costs regime. A successful litigant in person cannot ordinarily recover preparation time merely because they won a small claim.

What hourly rate can a litigant in person claim?

Where a litigant in person cannot prove financial loss arising from the time spent on their case, CPR 46.5 provides for recovery at the prescribed hourly rate. The applicable rate is currently £24 per hour.

This is intended to provide a standard method of calculating recoverable time where actual financial loss cannot be established.

For example, if a litigant reasonably spent 40 hours preparing documents, reviewing evidence and corresponding with the other party, the calculation would be:

40 hours × £24 = £960.

However, this does not mean every hour recorded will automatically be allowed. The court will consider whether the work was reasonably undertaken and whether the time claimed was reasonable.

Can you claim more than £24 per hour?

Potentially. Where the litigant can prove financial loss resulting from time spent on doing the work, the court may assess the recoverable amount by reference to that loss. For example, a self-employed individual might demonstrate that they lost income because they had to spend working hours preparing their case.

However, simply stating that their usual hourly rate is £100 does not establish that they suffered a corresponding financial loss.

The litigant must provide appropriate evidence of the loss and its connection to the litigation work.

Under CPR 46.5, the recoverable amount for work is generally limited to the amount that would have been allowed if the work had been undertaken by a legal representative on the litigant’s behalf.

A litigant who cannot prove financial loss will ordinarily be restricted to the prescribed hourly rate.

What expenses can litigants in person recover?

In addition to preparation time, litigants in person may be able to recover reasonable expenses incurred in conducting their case. These can include court fees, necessary travel expenses, postage and other appropriate disbursements.

The rules also expressly permit recovery of the cost of obtaining expert assistance in assessing the costs claim.

This can be relevant where a litigant requires specialist assistance from a costs lawyer or costs draftsman to prepare or assess the costs they seek to recover.

However, any such expenditure must be reasonable and recoverable under the relevant costs order.

Is there a limit on litigant in person costs?

Yes. CPR 46.5 generally limits the recoverable costs of a litigant in person to two-thirds of the amount that would have been allowed if the litigant had been legally represented.

This restriction applies to the costs covered by the relevant provision and is subject to the exceptions in the rule.

For example, where equivalent recoverable representation costs would have been £9,000, the litigant in person’s recoverable costs would generally be capped at £6,000.

The calculation requires care because the rules distinguish between different categories of expenditure, including disbursements.

The cap is not simply a percentage of the total amount the litigant has spent on their case.

How do litigants in person claim their costs?

Where a costs order has been made, the litigant should prepare a clear breakdown of the work undertaken, the time spent and any expenses claimed. Records should identify the date, task, duration and reason the work was necessary.

If the amount cannot be agreed, the costs may need to be determined through detailed assessment proceedings. The opposing party may challenge excessive time, unreasonable expenditure or items falling outside the costs order. The court will then determine the amount properly recoverable.

Can you recover costs if you were represented for part of the case?

Yes, potentially. A person is represented for some stages of litigation but may act in person during others. For example, a claimant might instruct solicitors initially but subsequently conduct the proceedings themselves.

The costs of each period must be considered according to the relevant rules. A litigant cannot recover both their own preparation time and a solicitor’s fees for the same work.

The distinction between acting personally and receiving professional legal services is therefore important when preparing the costs claim.

How ARC Costs can help with litigant in person costs

ARC Costs assists with the preparation, review and assessment of legal costs, including claims involving litigants in person.

Our team can examine the time claimed, assess the applicable hourly rate, consider evidence of financial loss and advise on the recoverability of expenses.

We also assist paying parties who wish to challenge excessive or incorrectly calculated litigant in person costs.

Whether you are seeking to recover your costs or responding to a claim, specialist advice can help ensure the correct provisions of the Civil Procedure Rules are applied.

For further information about our legal costs services or assistance with a costs dispute, contact ARC Costs.

Relevant legislation and guidance

• CPR Part 46 – Costs: Special Cases – including the provisions governing litigants in person.
• Practice Direction 46 – supplementary provisions concerning costs.
• Administration of Justice Act 1985, section 9 – provisions relating to recognised bodies.
• CPR Part 47 – Procedure for Detailed Assessment – the procedure for resolving disputes over recoverable costs.

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