Litigant in Person Costs

SMALL CLAIMS TRACK 

In the small claims track (for claims under £10,000), costs are generally NOT AWARDED, except for limited FIXED COSTS and specific exceptions. However, as a litigant in person, there are ways to maximise the costs you can request, especially when the other side has behaved UNREASONABLY or the claim is struck out or DISMISSED. Here's how to go about it:

✅ What You Can Claim (as Standard)

1. Fixed Costs (CPR 27.14(2)(a))

   • Court fee (e.g. defence fee or application fees).

   • Hearing fee.

   • Witness expenses (travel only; public transport or 45p/mile if driving, parking with receipt).
     
     

2. Loss of Earnings for Attending Hearing (CPR 27.14(2)(c))

   • Up to £95 per day per person who attends as a witness.

   • You must bring proof (payslip or self-employment schedule).
     
     

🔥 When You Can Claim More (Unreasonable Conduct)

Under CPR 27.14(2)(g):

"Costs may be awarded for unreasonable behaviour by a party."

You must show the Claimant’s conduct was unreasonable, for example:

• Continuing a claim with no real prospect of success.

• Failing to comply with court directions.

• Not serving evidence in time.

• Harassing or misleading conduct.

• Bringing claims to wrong address or despite clear rebuttal.
  
  

✅ You can then request:

• Time spent preparing the case: £19 per hour (LIPs rate, under Practice Direction 46.5(3)).

• Postage, printing, and admin costs (keep receipts).

• Hearing prep time (e.g. 10 hours x £19 = £190).
  
  

📋 How to Claim These Costs

1. Prepare a Detailed Schedule of Costs (preferably before the hearing). Include:

   • Time logs: e.g. “3 hours preparing witness statement on 2 April 2025”.

   • Mileage and parking receipts.

   • Proof of lost earnings (letter from employer/self-assessment if self-employed).
     
     

2. Bring 3 Copies to the Hearing:

   • One for the judge, one for the claimant, one for you.
     
     

3. Request Costs at the End of Hearing:

   • After judgment, politely say:
     “I would like to apply for my costs, Your Honour, on the basis of unreasonable conduct under CPR 27.14(2)(g).”
     
     

⚖️ Example of What to Say

“Your Honour, I am a litigant in person. The Claimant pursued this case despite clear evidence that the debt was not owed and had been disputed for some time. This has caused considerable stress and time in preparing my defence. I ask the Court to consider awarding my costs under CPR 27.14(2)(g) due to their unreasonable conduct, and I have prepared a cost schedule including the time spent, hearing costs, and travel.”

Here is a template cost schedule you can use as a litigant in person to present your costs to the judge:

📄 Litigant in Person – Schedule of Costs

Case Title: [Claimant v Defendant]
Claim Number: [e.g. L4HB5P9V]
Court: [e.g. Birkenhead County Court]
Hearing Date: [e.g. 9 April 2025]
Defendant: [Your full name]

1. Court Fees

Item Amount (£) Notes

Hearing Fee £[ [           ]

Application Fee (if any) £[[            ] E.g. strike-out or stay app.

Total (1) £[[           ]

2. Loss of Earnings (CPR 27.14(2)(c))

Item Amount (£) Notes

Defendant's attendance £95.00 Max per day for each person attending

(Attach payslip/letter if possible)

3. Travel & Parking Costs

Item Amount (£) Notes

Mileage (x miles @ 45p/mile) £[ [           ] Include route details

Public transport (if used) £[[            ] Attach receipts

Parking (with receipt) £[ [           ]

Total (3) £[ [           ]

4. Time Spent Preparing Case (PD 46.5)

Task Hours Rate (£) Subtotal (£) Notes

Preparing defence [           ] £19.00 £[            ]

Drafting witness statement [           ] £19.00 £[            ]

Reviewing Claimant's documents [           ] £19.00 £[            ]

Legal research (case law, CPR rules etc) [           ] £19.00 £[            ]

Preparing trial bundle / evidence [           ] £19.00 £[            ]

Preparing cost schedule [           ] £19.00 £[            ]

Attending hearing [           ] £19.00 £[            ]               Can claim preparation time only, 

          not hearing fee here

Total (4) £[           ]

5. Postage & Printing Costs

Item Amount (£)

Notes

Printing/copying (court docs) £[             ]

Estimate or receipt-based

Postage (recorded/signed-for) £[             ]

Proof of postage if possible

Total (5) £[ [           ]

✅ Total Costs Claimed

Section Amount (£)

1. Court Fees £[           ]

2. Loss of Earnings £95.00

3. Travel & Parking £[           ]

4. Time (LIP at £19/hr) £[           ]

5. Postage & Printing £[           ]

TOTAL £[           ]

In the Small Claims Track (under £10,000), costs are strictly limited under CPR 27.14, but certain expenses can be recovered — with higher costs possible if the losing party has behaved unreasonably.

Here's a breakdown of what you can maximally claim:

✅ 1. Fixed Recoverable Costs (Always Allowable)

Item Maximum Recoverable Notes

Court Fees Full amount paid Includes issue and hearing fees

Loss of Earnings £95/day per person CPR 27.14(2)(c); proof advised

Travel Expenses Actual cost Mileage @45p/mile, parking, train fares

Witness Expenses £95/day + travel For non-party witnesses only

Postage & Printing Reasonable actual cost Usually £20–£50, with receipts or good estimate

🔥 2. Unreasonable Conduct Costs (Discretionary)

CPR 27.14(2)(g) allows the court to award any costs if the other side has behaved unreasonably (e.g. dishonest claim, no prospect of success, failure to engage, ignoring correspondence, etc).

📌 Maximum Litigant in Person (LIP) Costs:

Under Practice Direction 46.5, you can claim:

• £19/hour for your time preparing the case

• Up to ~15–20 hours is considered reasonable in most small claims cases

• So: £285–£380 typical if awarded

• Higher amounts (£500+) are rare but possible in complex or strongly mishandled cases
  
  

🧾 Realistic Total Max Claim Example

Cost Item Typical Max Claimable

Court Fees £455 (issue + hearing)

Travel & Parking £30–£60

Loss of Earnings (1 day) £95

Litigant in Person Time (15 hrs) £285

Printing, Postage £25

Total ~£890

⚠️ Only if unreasonable conduct is clearly proven will the judge award the full £19/hour rate. 

You must specifically ask for it and present a breakdown of hours and work done.

🧠 Strategic Tips

• Don’t ask for unreasonable amounts — judges will reject inflated claims.
  
  

• Include a cost schedule at the hearing (as offered earlier).
  
  

• Point to CPR 27.14(2)(g) and briefly explain why the claimant’s conduct was unreasonable.
  
  

• If claim was struck out, highlight that the claim should never have been issued (especially if they lacked documents or it was statute-barred, etc.).

DRAFT SUBMISSION

Here is a tailored draft submission you can use at the end of the hearing (or in written submissions) to justify an application for costs due to unreasonable conduct under CPR 27.14(2)(g):

📄 Costs Submission – Unreasonable Conduct (CPR 27.14(2)(g))

Claim No: L4HB5P9V
Claimant: PRA Group UK Portfolios Ltd
Defendant: [Your Name]
Court: Birkenhead County Court
Hearing Date: 9 April 2025

Submission:

Your Honour, I respectfully apply for costs under CPR 27.14(2)(g) due to the unreasonable conduct of the Claimant throughout the proceedings.

This claim was issued despite the Claimant being fully aware, or at least being expected to reasonably know, that:

• The alleged account was statute-barred and unenforceable.

• No valid Notice of Assignment or agreement was served or exhibited until very late in proceedings, if at all.

• I had clearly disputed the claim prior to issue, and the Claimant failed to engage meaningfully or provide key documents pre-action.

• The Claimant allowed the matter to proceed all the way to a hearing despite having no realistic prospect of success, as acknowledged by the Court in striking out their case.

This has caused unnecessary stress, time expenditure, and financial costs. I am a litigant in person, and I have spent considerable time preparing my defence, reviewing the Claimant’s filings, researching the applicable law, and attending today’s hearing.

💰 Costs Sought

Item Amount

Court Fees £455.00

Travel & Parking £35.00

Loss of Earnings (1 day) £95.00

Litigant-in-Person Time (15 hrs @ £19/hr) £285.00

Postage and Printing £25.00

Total £895.00

I submit that the Claimant's actions amount to unreasonable conduct, and I ask the Court to exercise its discretion under CPR 27.14(2)(g) to award full costs as claimed.