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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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