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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 spent preparing their case. However, the February 2025 minutes

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