JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63 (23 October 2020)

JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63 (23 October 2020)

SAP, as a true litigant in person who did not instruct KSN to act for her and was not a partner, is not entitled to recover costs at a professional rate under the Chorley principle. She may only recover costs as a litigant in person, including disbursements and time costs as assessed. KSN's costs prior to SAP's joinder are a matter between KSN and the applicant's estate, not inter partes litigation costs, and may be referred to the SCCO for assessment if disputed.

Citation
[2020] EWCOP 63
Parties
Applicant: JMH; First Respondent: CFH; Second Respondent: SAP; Interested Party: KSN solicitors
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Court of Protection Costs Ruling / Post Substantive Judgment; Costs Determination
Outcome
SAP is entitled to recover only those costs recoverable by a litigant in person; KSN's costs prior to SAP's joinder are not recoverable as inter partes costs; any disputes over those costs may be referred to the SCCO for assessment.
Legal Topics
Costs, Litigant in Person, Solicitor's Costs, Chorley Principle, Enduring Power of Attorney, Lasting Power of Attorney
Court of Protection Civil Procedure Costs Litigant in Person Solicitor's Costs Chorley Principle Enduring Power of Attorney Lasting Power of Attorney

Case Brief

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Parties

JMH

Applicant

CFH

First Respondent

SAP

Second Respondent

KSN solicitors

Interested Party

Procedural Posture

Court of Protection Costs Ruling / Post Substantive Judgment; Costs Determination

Legal Issues

  1. 1 Whether the second respondent (SAP), a solicitor and litigant in person, is entitled to recover costs at a professional rate under the Chorley principle or only as a litigant in person;
  2. 2 Whether KSN solicitors are entitled to recover costs incurred prior to SAP's joinder as a party;
  3. 3 Whether SAP can recover costs for work done as an employee of KSN without instructing the firm to act for her.

Ratio Decidendi

SAP, as a true litigant in person who did not instruct KSN to act for her and was not a partner, is not entitled to recover costs at a professional rate under the Chorley principle. She may only recover costs as a litigant in person, including disbursements and time costs as assessed. KSN's costs prior to SAP's joinder are a matter between KSN and the applicant's estate, not inter partes litigation costs, and may be referred to the SCCO for assessment if disputed.

Court Disposition

SAP is entitled to recover only those costs recoverable by a litigant in person; KSN's costs prior to SAP's joinder are not recoverable as inter partes costs; any disputes over those costs may be referred to the SCCO for assessment.

Orders

  • SAP may recover disbursements and time costs as a litigant in person, subject to assessment.
  • KSN's pre-12 April 2019 costs may be referred to the Senior Courts Costs Office for assessment if disputed.