Litigant in person costs: what you can recover 

The general rule for litigants in person

CPR 46.5 applies where the court orders, by summary or detailed assessment, that the costs of a litigant in person are to be paid by any other person. The costs allowed will not exceed, except for a disbursement, two-thirds of the amount that would have been allowed if the litigant in person had been represented by a legal representative.

What you can claim

Whether a particular payment or item falls within these categories is for the court to decide on assessment.

• Costs for the same categories of work and disbursements that would have been allowed if a legal representative had done the work or incurred the expense
• Payments reasonably made by you for legal services relating to the conduct of the proceedings
• The costs of obtaining expert assistance in assessing the costs claim

How your time is valued

For each item of work, the rule says the amount allowed is (a) where you can prove financial loss, the amount you can prove you lost for time reasonably spent on the work, or (b) where you cannot prove financial loss, an amount for the time reasonably spent at the rate set out in Practice Direction 46. Paragraph 3.4 of that Practice Direction currently sets the rate at £24 per hour.

That is why a simple, dated record of the time you spend on the case, and evidence of any earnings you lose, is worth keeping from day one.

Attending court

If you are allowed costs for attending at court to conduct your case, you are not also entitled to a witness allowance for that attendance.

Small claims are different

On the small claims track, CPR 27.14 says the court may not order one party to pay another's costs, fees and expenses except for specified items: the fixed costs of issuing the claim, court fees, reasonable travel expenses for attending a hearing, capped sums for loss of earnings and expert fees, and further costs the court assesses where a party has behaved unreasonably. A party's rejection of a settlement offer will not of itself be unreasonable behaviour, though the court may take it into account.

Employment tribunals are different again

GOV.UK says there is no fee to make an employment tribunal claim, but that you may have to pay the respondent's costs if the tribunal decides you have acted unreasonably, and you may have to pay witness expenses. Costs are not awarded in the way they are in most civil courts, so do not assume that winning means the other side pays your preparation costs.

Practical habits

• Keep a time log: date, task and time spent
• Keep receipts for every disbursement, such as copying, postage and travel
• Keep evidence of any earnings you lose to attend court
• Keep invoices for any legal services you paid for