C1C2C3C4C5PART 48COSTS—SPECIAL CASES
Pt. 48 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
Pt. 48 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))
Pt. 48 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)
Pt. 48 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160
SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS
C5Litigants in personI148.6
1
This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.
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.
F23
The litigant in person shall be allowed—
a
costs for the same categories of—
i
work; and
ii
disbursements,
which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;
b
the payments reasonably made by him for legal services relating to the conduct of the proceedings; and
c
the costs of obtaining expert assistance in assessing the costs claim.
(The costs practice direction deals with who may be an expert for the purpose of paragraph (2)(c))
F14
The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—
a
where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or
b
where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.
5
A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.
6
For the purposes of this rule, a litigant in person includes—
a
a company or other corporation which is acting without a legal representative; and
b
a barrister, solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 199072) who is acting for himself.
Pt. 48 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)