Q&As

Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 08/08/2019

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?

Where a party in litigation has no legal representation but is receiving discrete legal advice from counsel, are they regarded as a litigant in person for the purposes of the costs budgeting rules, ie do they need to prepare a costs budget if the matter is transferred from fast track to multi-track? If so, then can a litigant in person recover the costs incurred in obtaining counsel’s advice in the event that they are successful at trial or are they limited to recovery of litigant in person costs?

This response deals with the question of whether a litigant who instructs direct access counsel but who is otherwise unrepresented is obliged to file and exchange a costs budget.

CPR 3.13—which creates the obligation for costs budgets to be filed and exchanged—specifically excludes litigants in person.

‘Litigant in person’ is not defined within the CPR. However, in a guidance note published by the Master of the Rolls on 11 March 2013, it was indicated that this term

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