Case Alert - [2018] EWCA Civ 80

Court of Appeal confirms that litigant in person can't recover costs of a foreign lawyer

CPR r46.5 provides that, where the court makes a costs order in favour of a litigant in person, the litigant in person can recover (amongst other things) "payments reasonably made by the litigant in person for legal services relating to the conduct of the proceedings".

The issue in this case was whether that included payments made for the services of a foreign lawyer. The Court of Appeal held that it did not. The legal services had to be "provided by or under supervision of a lawyer" and it was said to be implicit that the lawyer "must be someone who can be expected to be competent to supply services "relating to the conduct of the proceedings" in this jurisdiction": in other words, a lawyer qualified in England and Wales.