Navigating Legal Costs: A Guide for Litigants in Person in the UK

Why costs matter

For many litigants in person, the legal merits are only part of the decision. A claim may be arguable, but still financially unattractive if the likely recovery is modest, the evidence is difficult, the other side is well-resourced, or enforcement will be hard.

Costs rules are one of the main reasons civil litigation needs careful planning. The same dispute may look very different depending on whether it is allocated to the small claims track, fast track, intermediate track or multi-track.

This guide focuses on ordinary civil claims in England and Wales. Scotland and Northern Ireland have separate procedures and different costs or expenses rules.

The article is deliberately cautious. Costs law is technical, track-specific and sensitive to dates, claim type, conduct, settlement offers and court orders. A litigant in person should always check the current Civil Procedure Rules and any order made in their own case.

Small claims costs

The small claims track is designed to be simpler, cheaper and more accessible than ordinary civil litigation. It is usually the normal track for money claims worth not more than £10,000, subject to important exceptions for personal injury, housing disrepair, harassment, unlawful eviction and some Welsh housing claims.

The general working point is simple: on the small claims track, the winner does not usually recover ordinary solicitor costs from the loser. That is why people often describe small claims as “no-costs” proceedings. That shorthand is useful, but incomplete.

CPR 27.14 limits what the court may order one party to pay another on the small claims track. Recoverable items can include fixed issue costs, court fees, travel and hearing expenses, limited loss of earnings or loss of leave, limited expert fees, and further costs where a party has behaved unreasonably.

The unreasonable-behaviour exception is important. A party who ignores court directions, pursues hopeless points, fails to attend, refuses to engage sensibly, or causes unnecessary hearings may face a costs order even in a small claim. But the test is not simply losing, being difficult, or rejecting settlement.

Fast track and fixed costs

The fast track is used for cases that are too substantial or procedurally involved for the small claims track, but still suitable for a shorter and more controlled process. Fast-track cases are managed under CPR Part 28, and costs recovery is limited by the fixed-costs regime in CPR Part 45.

The old assumption that the loser simply pays whatever reasonable solicitor costs the winner has incurred is no longer a safe starting point for many fast-track claims. Fixed recoverable costs may control what the winning party can recover, depending on the claim type, value, procedural stage and complexity band.

For a litigant in person, the practical point is to avoid thinking in hourly-rate terms alone. The court may not simply ask how many hours were spent. It may ask what the rules allow for that type of claim and that stage of the proceedings.

That does not mean time records are irrelevant. They can still matter for litigant-in-person costs, disbursements, unreasonable-behaviour arguments, applications, and any situation where the court is asked to assess or justify costs.

Intermediate track

The intermediate track sits between the fast track and the multi-track. It was introduced to provide a more structured route for claims that are too substantial or complex for the fast track, but do not require full multi-track treatment.

Intermediate-track claims are also linked to fixed recoverable costs under CPR Part 45. The relevant amount may depend on the complexity band, value, stage reached and the particular rules applying to the claim.

A litigant in person involved in an intermediate-track case should consider taking targeted legal advice on costs exposure before committing to applications, expert evidence, trial preparation or settlement rejection.

Litigant in person costs

Litigants in person can sometimes recover costs for their own time, but the rules are controlled and evidence-sensitive. The position differs depending on the track, the type of costs order, whether fixed recoverable costs apply, and whether the litigant can prove actual financial loss.

Under the fixed-costs regime, CPR 45.4 applies where costs are payable under the fast track, intermediate track or noise-induced hearing loss sections and the party in whose favour the costs order is made is, at some stage, a litigant in person. Where the party is a litigant in person throughout the entire claim, the costs allowed are capped, except for disbursements, at two-thirds of the fixed recoverable costs that would have been allowed if represented.

The guideline hourly rates for solicitors are not a simple substitute for litigant-in-person time. They may be relevant in some assessment contexts, but a litigant in person should not assume that solicitor rates can simply be claimed for self-representation.

The safest approach is practical: keep contemporaneous records, preserve evidence of actual loss, and prepare a clear statement of costs before any hearing where costs may be decided.

Personal injury and QOCS

Personal injury costs rules require particular care. Qualified one-way costs shifting, usually called QOCS, can protect some claimants from enforcement of adverse costs orders, but it is not absolute protection.

Exceptions may arise where a claim is struck out, where there is fundamental dishonesty, where there are enforceable costs consequences against damages or settlement sums, or where special rules apply to low-value personal injury portals and protocols.

The article’s earlier source draft referred to April 2023 and October 2023 changes. Those dates can matter, but they should not be used as a substitute for checking the current CPR, the applicable protocol, the date the claim started, and any transitional provision.

Expenses and disbursements

Disbursements are out-of-pocket expenses connected with the litigation. They may include court fees, expert fees, copying, postage, travel, hearing expenses and other sums actually paid for the purposes of the case.

The fact that money was spent does not automatically mean it will be recovered. The court may consider whether the expense was actually incurred, whether it was reasonable to incur it, whether the amount was reasonable, and whether the rules for that track allow it.

When storing documents, receipts, witness details, medical records or correspondence, litigants should take care with personal data. Case papers may contain sensitive material, and careless storage or sharing can create unnecessary privacy risk.

Managing costs risk

Costs risk should be managed from the beginning, not left until trial. A litigant in person should think about likely recovery, likely exposure, proportionality, settlement, evidence, court fees and enforcement before each major step.

Part-representation can be useful. A litigant in person may handle routine administration but pay for focused advice on pleadings, evidence, settlement, costs exposure or hearing preparation. Fixed fees for defined tasks can give cost certainty.

Free or low-cost help may be available from Citizens Advice, Law Centres, LawWorks, Advocate, Support Through Court, university law clinics and other local services. Availability depends on the type of case, urgency, location and eligibility.