The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:
proven financial loss, or
the amount for the time reasonably spent on doing the work at a fixed rate, currently £19 per hour (CPR PD 46, para 3.4)
Costs recovery is available for:
costs that fall into the same categories of work and disbursements that a legally represented applicant could recover, and
payments in relation to legal services and expert assistance
However, where the litigant in person (LIP) succeeds in being compensated for proven losses or obtaining costs on the hourly rate basis, the total amount recoverable (excluding disbursements) will be limited to two-thirds of the reasonable amount which would be payable to a notional lawyer (CPR 46.5(2)). This is reflected in the prohibition against litigants receiving profit as part of their costs (Campbell v Campbell). In Campbell, Chief Master Marsh explained that a profit element is automatically built into solicitors' costs and the limiting on recovery to two-thirds of those notional costs is intended to remove this element. For an insight into the issues in this case, see News Analysis: Recovering legal costs under CPR (Campbell v Campbell). Note: this judgment was unsuccessfully appealed but the appeal did not consider the two-thirds point.
The rationale for the 2/3 rule is that ensures that there
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.