Can a Litigant in Person Claim Costs?
Yes — litigants in person can recover costs if they win, but the rules are specific and amounts are capped. This guide explains CPR 46.5, the flat rate, the two-thirds cap, and how barrister fees are treated.
Can a Litigant in Person Claim Costs?
If you represent yourself and win your case, you can recover something for the time and expense you have put in, but the rules are specific and the amounts are capped.
The General Rule: Costs Follow the Event
In civil proceedings in England and Wales, the general rule is that the losing party pays the winning party's costs.
What Can a Litigant in Person Recover?
The rules are set out at CPR 46.5. You can claim demonstrable financial loss such as lost earnings from attending hearings, time at the flat rate of £19 per hour if you cannot show specific financial loss, and disbursements in full including court fees, expert fees, travel costs, and any direct access barrister fees.
The Two-Thirds Cap
CPR 46.5 caps your recovery at two-thirds of the amount a represented party would recover for equivalent work.
Can You Recover Barrister Fees?
Yes. Fees paid to a direct access barrister are disbursements, and disbursements are recoverable in full if the court is satisfied they were reasonably incurred.
This article provides general legal information only. It is not formal legal advice and does not create a solicitor-client or barrister-client relationship. If you need advice specific to your circumstances, please consult a qualified legal professional.
Need Professional Legal Help?
This guide is for general information only. For advice tailored to your situation, instruct a Direct Access barrister.