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bedlington83

Litigant In Person Rate

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I've read several times on here that the litigant in person rate is £9.25 but the only thing I can find in the CPR is this at 48.6(2)

"The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative."

 

Where does the £9.25 come from?

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Go to practice directives 43-48

click the following link

 

PRACTICE DIRECTION ABOUT COSTS - Ministry of Justice

 

Part 52.4 quotes the amount allowed

 

 

enamae


Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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There are several other things to remember:-

 

1. The two thirds relates to money not time - so if a Solicitor takes a hour and charges £150 an LIP can charge up to £100 - that is alround 11 hours work although you would have to justify the time spent

2. An LIP can charge for everything they do - including things that a Solicitor cannot charge for (such as research).

3. You can also charge for things such as loss of earnings - for example if you lose a days wages because of a hearing.

4. In terms of disbursements again you can charge for a wider range than a Solicitor can - things like postage, copying etc

 

Have a look at the Court of Appeal decision in

 

Wulfsohn v Legal Services Commission [2002] EWCA Civ 250

 

You should claim for absolutely everything, including, travel, car parking, bus fares, research, preparation, reading documents, drafting, letters, telephone calls, speaking to the other side outside of court, waiting at court, hearings, thinking about your case etc


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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Top answers, thanks very much everyone.

 

IGNM; I did a search for the case you mention - what a difference in the costs awarded! I also came across a reference to Greville v Sprake in which it was held that a LIP is limited to the amount of time that a solicitor would have reasonably spent preparing the case. Do you have an authority that justifies the things like research etc.

 

This is the link to the reference; http://books.google.co.uk/books?id=q-GtETw3YicC&pg=PA546&lpg=PA546&dq=Wulfsohn+v+Legal+Services+Commission+[2002]+EWCA+Civ+250&source=bl&ots=Tmdu63UKgT&sig=sBT0OI4P8toDqNNxpqKtMquiCyE&hl=en&ei=j-NNStO2MdfPjAf74bSmBQ&sa=X&oi=book_result&ct=result&resnum=3

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Wulfsohn is the authority.

 

The hourly rate is £9.25 if you were only allowed to charge what a reasonably competent Solr would charge then there would be no need for the two thirds rule...

 

In Wulfsohn the Court of Appeal took the view that a Solicitor would have charged £15000 they therefore capped the costs at 10K.

 

If it was on the basis of how much work a Solcitor might do -CA the hourly rate woud be around £200 per hour - that is only 75 hours on that analysis the CA would have awarded 75 x 9.25 - £693.75...

 

Instead they allowed most of Mr W's claim of 1200 hours research - as a general rule a Solicitor cannot claim for research unless there are exceptional reasons. Even in an exceptional case no court has ever allowed 1200 hours for a case of this nature (in fact I don't think that a court has ever allowed 1200 hours research)

 

It is clear from Wulfsohn that the scope of LIP costs is much wider than Solr costs.

 

The court also allowed postage and copying - in Solicitors costs postage is not recoverable (it is viewed as an office overhead) and photocopying is only recoverable IF there are substantial amounts


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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The only Greville v Sprake cases I can find are Court of Appeal cases that seem to be about misfeasance in public office

 

Can you give me a case reference and I'll look it up


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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Greville v Sprake [2001] EWCA CIV 234

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I've looked at the book you've referred me to - I think it is wrong - I've got the All England Official Transcript of the Judgment in Greville v Sprake [2001] EWCA Civ 234 - it has nothing to do with costs.

 

The case is about misfeasance in public office - I can't see anything that mentions LIP costs

 

"The claimant and his wife occupied a grade-two listed cottage, which had been leased to the claimant's sister-in-law. The land on which the cottage stood was owned and farmed by the landlord in partnership with their son-in-law, the defendant. The relationship between the owners and occupiers of the cottage deteriorated when the cottage was in need of repairs for which listed building consent was required. The claimant alleged that the defendant, who was a member of the local parish council, had made false misrepresentations during an off-the-record conversation at a parish council meeting at which the consent was being discussed (as was accepted practice where the member had an interest in a matter on the agenda), which resulted in the parish council making its views known to the relevant borough council that it was against the application being granted. The claimant commenced proceedings against the defendant, inter alia, for the tort of misfeasance in public office. The judge dismissed the claimant's claims, inter alia, on the grounds that although the representations made by the defendant had been false, the claimant had failed to demonstrate malice which was an essential ingredient of the tort of misfeasance in public office. The claimant appealed, submitting that the judge had been wrong in law in finding that it was a sufficient defence that the public officer had been acting in good faith, and that he only had to prove reckless indifference on the part of the defendant.

 

The appeals would be dismissed.

 

The judge had not fallen into error in dismissing the claims. The judge, having heard the evidence, had been entitled to reach the conclusion that the claimant had failed to show malice on the part of the defendant and there was no basis on which the court could interfere."

 

Copied from All England case reporter - [2001] All ER (D) 182 (Feb)

Edited by I've got no money

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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Just goes to show that you shouldn't believe everything you read on the internet, no matter how "official" it looks. Back to piling on the costs then.

 

I think I'll type up what I'll be asking for and post it here for comment if that's ok?

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Thats' OK - if I don't notice when you post it just PM me


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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I've worked it out to be £1,206.93. The high mileage is because the hearing is at the other end of the country (I'm the claimant). The only thing I can't put in yet is the parking. I'll have to leave that bit blank and fill it in when I get there. For the other stuff like paper, envelopes etc., I can't be bothered to work it out - it'll only be pennies

 

Costs

 

Claim fee -------------------------------------------- £100.00

Allocation fee ---------------------------------------- £35.00

Hearing fee ------------------------------------------ £300.00

Travel 2 X 560 mile round trips @ 40p per mile ------- £448.00

Accommodation 1 night hotel @ £65

(capped under CPR PD 27 7.3(1)) ----------------------- £50.00

Photocopying 28 sheet bundle X 3 = 84 sheets @ 5p each - £4.20

Postage 3 X £4.60 + 2 X £5.40 ------------------------- £24.60

Parking

 

Special costs at £9.25 per hour

 

Travel 12 hours -------------------------------------- £111.00

Hearings 3 hours (including waiting time) ------------- £27.75

Research 7.5 hours ------------------------------------ £69.38

Calculation of damages 2 hours ------------------------ £18.50

Preparation of court bundle 2 hours ------------------- £18.50

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Hi Bedlington

 

I Hit A Well Known Finance Co For 30 Hours At 9.50 An Hour

And I Got It

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You seem to be missing a lot of time What about preparation for hearing, drafting claim form, drafting AQ, was there any disclosure - have you received any documents from the other side - what about time spent considering them - any letters or elephone calls etc...


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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Hang on a second - is this a small claim - I've only just realised with you quoting PD 27 which relates to the SCT. We've been talking about fast and multi track cases not the SCT

 

The rules are totally different in SCT cases.

 

CPR 27.14 (2)" The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(a) the fixed costs attributable to issuing the claim which –

(i) are payable under Part 45; or

 

(ii) would be payable under Part 45 if that Part applied to the claim;

 

 

(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in the relevant practice direction for legal advice and assistance relating to that claim;

 

© any court fees paid by that other party;

 

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

 

(e) a sum not exceeding the amount specified in the relevant practice direction for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

 

(f) a sum not exceeding the amount specified in the relevant practice direction for an expert’s fees; and

 

(g) such further costs "

 

 

How much is the claim for?


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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This is a very straightforward case, much simpler than taking on a bank over legislation that few judges seem to understand. I'm suing a former landlady for illegal eviction. Basically she packed my stuff up and put it outside and I'm now claiming damages for that. I've had nothing from her apart from her defence which is a rambling, stream-of-conciousness, affair in which she admits doing what she did and attempts to justify it by claiming, in a nutshell, that I'm not as tidy as she'd like.

 

On the allocation questionnaire I asked for disclosure of a couple od documents to prove that she didn't live in the same house but she admitted as much at the preliminary hearing so the judge didn't order her to produce them.

 

The only thing I've had from her is a few photographs that appear to show a couple of coffee stains on a kitchen work top and (bizarrely) a piece of broccoli in a cupboard and I can't be bothered to claim for the few seconds I spent laughing at them.

 

Having said all that, I don't see any reason why I shouldn't put a bit more in. After all this has taken up a huge part of my life for the past six months and I am an innocent victim. I'll look at it again

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How much is the claim for?

Its a small claim for £4625.73 but don't panic - I'm claiming the special costs on the basis of her unreasonable behaviour. The other stuff under costs is payable in the small claims court

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How have you got the claim to only £4625.73

 

The last unlawful eviction I did (in around 2002) was a £7500 claim then


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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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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It was intially £8,757.80 but that depended on it being an AST so I offered her an opportunity to avoid court by paying £4,625.73, which was calculated on the basis that it was a common law tenancy (although I didn't tell her that at the time). This also put it under the £5k limit for small claims although CPR 26.7(4) suggests it should have gone on the fast track anyway.

 

I wasn't aware of the case mentioned on the nearly legal site but I've read a good many others. A barrister colleague of my wife leant me a book containing hundreds of examples of civil damages being awarded at the appeal court. None were very similar to my case and a lot involved a frightening level of violence and intimidation, none of which I suffered.

 

The calculation is this

Costs following eviction

 

Hotel bills 30 nights @ £80.00 = £2,400.00

Meals 30 @ £15.00 = £450.00

Internet access 30 days @ £15.00 = £450.00

 

Total costs after eviction (A) £3,300.00

 

Costs had I not been evicted

 

Rent 1 month @ £550.00 = £550.00

Food 1 month @ £45.00 = £45.00

 

Total costs if not evicted (B) £595.00

 

Additional costs incurred = A - B = £2,705.00 ©

 

Other amounts claimed

 

General damages £1,500.00 (D)

Incorrect deductions to rent £60.73 (E)

 

Total Damages = C + D + E = £4,265.73

Edited by bedlington83
Include calculation

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The case I did involved my client sleeping in his car for a couple of weeks...I'd agree it should have been fast track


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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In the end I didn't even get all the court fees of £435. The judge said that I hadn’t got everything I was claiming (I hadn't - he gave me less than half of what I claimed) so he would only award me £200.

 

I then asked for two 560 mile round trips at Inland Revenue rates of 40p per mile. “How much is that in total?”

“£448”

 

“No you can get here cheaper than that by train. £200. Anything else?”

 

“Hotel bill for the preliminary hearing”

 

“What about it?”

 

“Photocopying costs?”

 

“No”

 

“”Postage”

 

“No”

 

“Parking charges?”

 

“No. Anything else?”

 

“Yes sir, special costs”

 

“What special costs?”

 

“My time at litigant in person rate because of the defendants unreasonable behaviour”

 

“I think you’re pushing it now”

 

“I think I’ll shut up”

 

“I think that’s a good idea”.

 

And that was that.

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