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The Litigants in Person Costs and Expenses Act 1975

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The Litigants in Person (Costs and Expenses) Act 1975 provides a Litigant in Person with the right to recover the costs of any work completed or expenses incurred throughout the process of litigation. Under this legislation a litigant in person can recover “… sums in respect of any work done, and any expenses and losses incurred, by the litigant in or in connection with the proceedings to which the order relates.” This legislation does not cover all types of litigation; however it covers a large proportion of costs-bearing cases, such as Land Tribunals, First-Tier and Upper Tier Tribunals, Civil Courts and Family Courts. Disbursements can be recovered in cases where the Litigants in Person Costs and Expenses Act does not apply.

 

What is a Litigant in Person?

Under Section 46.5 of the Civil Procedure Rules, a Litigant in Person is:

“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).”

A Litigant in Person is essentially a person or company who is not legally represented and wishes to act on their own behalf throughout legal proceedings.

 

What Can Be Recovered Under the Litigants in Person Costs and Expenses Act 1975?

Under the legislation, Litigants in Person have the right to recover the costs of losses or expenses incurred within the proceedings, as well as the costs of any work done at a standard hourly rate. 

Under CPR 46.5 costs can be claimed at a rate of £19 per hour. If the Litigant in Person can provide sufficient evidence for financial loss, this amount can be recovered for time reasonably spent undertaking the work.  Litigants in person can also claim the following:

  • Any work and disbursements costs which would have been recoverable had they been made by a legal representative on the Litigant in Person’s behalf.
  • Any expert assistance costs incurred in assessing the costs claimed.
  • Reasonable costs for legal services relating to the conduct of proceedings, made by the Litigant in Person.

 

How Can ARC Costs Assist?

Our Costs Lawyers and Costs Draftsmen are highly experienced in the recovery of Litigant in Person costs, and all our charges are recoverable from the other side as part of your costs claim.

Our services include providing initial advice on your legal costs claim, whether it be preparing a Costs Budget or Bill of Costs.  We can also conduct advocacy on your behalf, and provide representation at any Costs and Case Management Conference, or in any detailed assessment proceedings, in order to negotiate or have the Court determine the best outcome on your behalf.

To get in touch please call one of our experts on 01274 397302, or email us at info@arccosts.co.uk.

 

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info@arccosts.co.uk

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