Wulfsohn, R (on the application of) v Legal Services Commission [2001] EWCA Civ 1413 (31 August 2001)

Wulfsohn, R (on the application of) v Legal Services Commission [2001] EWCA Civ 1413 (31 August 2001)

A litigant in person unable to prove financial loss is entitled to recover costs at the prescribed hourly rate for time reasonably spent on the case, and the assessment of such costs should be properly reviewed.

Source-derived case information.

Citation
[2001] EWCA Civ 1413
Parties
Claimant/applicant: Aubrey Wulfsohn; Defendant/respondent: Legal Services Commission (formerly Legal Aid Board)
Jurisdiction
England and Wales
Judgment Date
31 August 2001
Procedural Posture
Judicial Review / Permission to Appeal Costs Assessment
Outcome
Permission to appeal granted
Legal Topics
Costs Assessment, Litigant in Person, Judicial Review, Legal Aid
Civil Procedure Costs Assessment Litigant in Person Judicial Review Legal Aid

Source-derived case record

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Parties

Aubrey Wulfsohn

Claimant/applicant

Legal Services Commission (formerly Legal Aid Board)

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Appeal Costs Assessment

Legal Issues

  1. 1 Whether the costs awarded to a litigant in person were properly assessed under Civil Procedure Rule 48.6
  2. 2 Whether the applicant is entitled to recover costs at the prescribed hourly rate in absence of proven financial loss
  3. 3 Whether the applicant can challenge the assessment of disbursements

Ratio Decidendi

A litigant in person unable to prove financial loss is entitled to recover costs at the prescribed hourly rate for time reasonably spent on the case, and the assessment of such costs should be properly reviewed.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal the assessment of costs granted
  • Constitution of the court for the appeal can consist of two judges, of whom one can be a High Court judge