SUPREME COURT COSTS OFFICE
London, EC4A 1DQ
B e f o r e :
| (1) Brenda Joan KNIGHT
(2) Nigel HAYTER-PRESTON
|- and -
|(1) Antonio MAGGIONI
(2) Thomas McCANN
(3) Alan KASMIR
(4) IFT London Limited
Ms Virginia Rylatt (solicitor of Withers LLP) for the Claimants
Hearing date: 13 March 2006
Crown Copyright ©
Master Simons, Costs Judge :
Mr Kasmir's Submissions
The Claimants/Paying Parties Submissions
The litigant in person shall be allowed-
(a) costs for the same categories of-
(i) work; and
which would have been allowed if the work had been done or the disbursement 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.
(4) 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.
(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 Court's and Services Legal Services Act 1990) who is acting for himself.
CPR Costs Pratice Direction paragraph 52.4. The amount which may be allowed to a litigant in person under rule 46-3(5)(e) and rule 48.6(4) is £9.25 pence per hour.
"A litigant who is not a solicitor cannot recover as costs, compensation for the expenditure of his own time and trouble, because "it is impossible to determine how much of the costs is incurred through his own over-anxiety" and because private expenditure and labour and trouble by a layman cannot be measured. It depends on the zeal, assiduity or the nervousness of the individuals."
"I remember full well giving up my Christmas going through all these lever arch files and this is the bulk of my time, 30 hours of my time, actually going through all the documentation and going through my notes."