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Costs When You Win - LIP Costs


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Over the next few days I am intending to post some suggestions about how to maximise the amount that you can claim, as a Litigant in Person when you win either an application hearing or win at full trial.

 

The reason for the post tonight is that I promised to post the name of a really useful case on LIP costs

 

It's a Judicial Review case in the Court of Appeal

R(On the Application of) Wulfsohn v Legal Services Commission [2002] EWCA Civ 250

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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IGNM

 

To me, the lesson to be learned from this case is that all LIPs should record the time spent on the case icluding research on CAG. There does not seem to be a limit to the number of hours which can then be claimed at £9.25 per hour. This is subject to an overall cap of 2/3 of the costs of employing a solicitor.

 

In addition, I beleive LIPs are able to claim 'disbursements' such as photocopying and travel. These disbursemens can also include the costs of employing a barrister to represent you at court (although you would have to pay your barrister his fees first and then claim them back if you win.)

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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IGNM

 

To me, the lesson to be learned from this case is that all LIPs should record the time spent on the case icluding research on CAG. There does not seem to be a limit to the number of hours which can then be claimed at £9.25 per hour. This is subject to an overall cap of 2/3 of the costs of employing a solicitor.

 

In addition, I beleive LIPs are able to claim 'disbursements' such as photocopying and travel. These disbursemens can also include the costs of employing a barrister to represent you at court (although you would have to pay your barrister his fees first and then claim them back if you win.)

 

Exactly - it also includes other experts - as you point out the disbursements are also in addition to the costs - so the two thirds cap doesn't apply to them.

 

The only reservation is that costs still have to be reasonably incurred - so there could, for example be an argument over whether it was justified say to instruct senior counsel on a fee of say £1500 where the claim was only £2000, you also need to be able to produce details of when you did what.

 

When I get round to it I'm going to draw up a "time sheet" to help keep track of how much time is actually spent.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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