Where a claim by a litigant in person is admitted, with costs to be determined, can the litigant in person recover the costs of a solicitor instructed to deal solely with the costs determination?

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Produced in partnership with Alex Bagnall of Total Legal Solutions

Published on: 30 January 2020

This Q&A assumes that the solicitor did not go on the court’s record.

The costs which are recoverable by litigants in person are governed by cpr 46.5 and CPR PD 46, para 3.1.

The general rule is that a litigant in person can recover costs for the same categories of work and

Alex Bagnall

Total Legal Solutions

Alex has worked in legal costs since 2007 and qualified as a Costs Lawyer in 2014. He has served as the Technical Director of a large multi-site firm of costs draftsmen, was the Head of Commercial Litigation Costs at another national firm and was a Senior Associate at a firm of solicitors which specialised in costs litigation. He is currently the Technical Manager at Total Legal Solutions.

Alex's practice consists of complex, technical and high-value claims for costs. He appears regularly as an advocate in Courts throughout the country and has acted as an advocate in Supreme Court assessments on a number of occasions. His extensive experience includes conducting costs appeals in the Court of Appeal and the Supreme Court, costs of arbitration (including challenges to arbitrators' fees), costs disputes between solicitors and their clients and those between professional Trustees and Beneficiaries of Trusts.

Alex frequently delivers training to lawyers on costs issues and teaches a module in costs litigation as part of an SRA-regulated Professional Skills Course.

Jurisdiction(s):

United Kingdom

Key definition:

Litigant in person definition

What does Litigant in person mean?

A party to any proceedings who does not have a solicitor or other legal representative duly authorised to represent him or her in those proceedings.

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