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04 April 2025 / Julian Caddick
Issue: 8111 / Categories: Features , Profession , Costs , Litigants in person
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Costs: getting personal

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The complexities of costs proceedings can be a minefield for litigants in person. But the courts expect compliance with the rules, writes Julian Caddick
  • Considers the case of Mlundira v The Secretary of State for the Home Department [2025] EWHC 189 (KB), in which the LiP claimant had succeeded in judicial review proceedings regarding unlawful immigration detention.

For 50 years, the Litigants in Person (Costs and Expenses) Act 1975 (as amended) has provided a mechanism for litigants in person (LiPs) to recover costs from other parties to proceedings. However, many LiPs fail to appreciate the complexities and intricacies of rules of court and common law, particularly when it comes to costs proceedings.

Under r 46.5 of the CPR, a LiP’s recoverable fees are limited to two-thirds of what they would have recovered if legally represented. This does not apply to disbursements, only recoverable fees. They are further restricted to an hourly rate of £19 per hour unless they can demonstrate evidence of financial loss in connection with time they have reasonably

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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