Richard Andrew Campbell v Robert Campbell [2016] EWHC 2237 (Ch)

The Claimant was a litigant in person. A costs management hearing was held. The Claimant wished to obtain legal assistance falling short of a firm of solicitors having conduct of the litigation. These solicitors would then instruct a barrister who was not Direct Access qualified. The Court considered: (1) to what extent CPR r3.13 to r3.18 (the costs management regime) applied to a litigant in person’s costs; and (2) whether to grant a declaration that the Claimant could recover the costs of the assistance he wished to receive under r46.5.

HELD:

(1) The Court could order a litigant in person to produce a costs budget. It could also make a costs management order in relation to a litigant in person’s costs.

(2) r46.5(3)(b) allowed payments “relating to the conduct of proceedings” to be recovered. There was no reason to construe this narrowly so as to prevent a litigant in person recovering the costs of assistance. Use of the Direct Access scheme was likely to assist with progressing the claim in an orderly manner and would therefore assist the Court.

October 28, 2016 В· Editorial Team В· Comments Closed
Posted in: Cases