Campbell v Campbell [2016] EWHC 2237 (Ch) (13 September 2016)

Campbell v Campbell [2016] EWHC 2237 (Ch) (13 September 2016)

The court has jurisdiction to make a costs management order in respect of a litigant in person where appropriate, and a litigant in person may recover reasonable payments for legal services provided by an English solicitor (with a practising certificate) and junior counsel, provided such services are lawfully provided and reasonably incurred. The recoverability of such costs is subject to the requirements of CPR 46.5 and any applicable regulatory rules.

Citation
[2016] EWHC 2237 (Ch)
Parties
Claimant: Richard Andrew Campbell; Defendant: Robert Campbell
Jurisdiction
England and Wales
Judgment Date
13 September 2016
Procedural Posture
Civil / Interlocutory Judgment on Costs Management and Litigant in Person Recoverable Costs
Outcome
Declarations granted in favour of the claimant.
Legal Topics
Costs Management, Litigant in Person Costs, CPR 3.12 3.18, CPR 46.5, Direct Access Scheme, Legal Services Recoverability
Civil Procedure Costs Costs Management Litigant in Person Costs CPR 3.12 3.18 CPR 46.5 Direct Access Scheme Legal Services Recoverability

Case Brief

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Parties

Richard Andrew Campbell

Claimant

Robert Campbell

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Costs Management and Litigant in Person Recoverable Costs

Legal Issues

  1. 1 Does the costs management regime under CPR 3.12 to 3.18 apply to litigants in person?
  2. 2 What is the scope of litigant in person costs recoverable under CPR 46.5 when legal assistance is obtained from a solicitor and a barrister?

Ratio Decidendi

The court has jurisdiction to make a costs management order in respect of a litigant in person where appropriate, and a litigant in person may recover reasonable payments for legal services provided by an English solicitor (with a practising certificate) and junior counsel, provided such services are lawfully provided and reasonably incurred. The recoverability of such costs is subject to the requirements of CPR 46.5 and any applicable regulatory rules.

Court Disposition

Declarations granted in favour of the claimant.

Orders

  • Declaration that, provided Mr Dickinson is retained as an English solicitor with a practising certificate to provide legal services to the claimant, his reasonable fees are recoverable under CPR 46.5(3)(b).
  • Declaration that, if junior counsel is lawfully instructed to provide legal services, the claimant is entitled to recover the amount reasonably paid for those services.