Can a company recover costs as a litigant in person?

My client was sued in the county court by a company with no legal representation. My client’s Part 36 offer was accepted. The company is seeking to recover costs in their capacity as a litigant in person. Can the company do this?

Civil Procedure Rule (CPR) 46.5(6)(a) stipulates that a company acting without legal representation is regarded as a litigant in person.

CPR 46.5(4) states that the amount of costs allowed to a litigant in person depends on the litigant in person proving financial loss or, where financial loss cannot be proven, an amount for the time reasonably spent doing the work.

The prescribed rate is set out in Practice Direction 46 and is currently £19 per hour.

CPR 46.5(2) provides that the litigant in person will not be able to recover more than two-thirds of the costs and all the disbursements which would have been allowed if the company had been represented.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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