What form do I use for statement of costs of a LiP?

[samanthamplified]

Hello,

I have a trial coming up soon.

What form do I use to specify my costs as a LiP? (N260 looks like it's for solicitors?)

Do I need this ready for the trial in-case I win?

Or does it need to be submitted before the trial?

It's a PIH for a financial remedy claim in family proceedings.

I'm a LiP, but I have instructed counsel via DA to represent me at the trial.

Thanks.

Sam

[MrsBertBibby]

Use the N260, I'd say. Put counsel's fees in the appropriate boxes. Serve before the hearing, bring extra copies to court.

This may help

www.atjf.org.uk/litigant-in-person-costs.html

Also this, a bit old but I think still helpful

www.lawgazette.co.uk/benchmarks/costs-and-litigants-in-person/5038419.article

[samanthamplified]

Thanks - I can't see any space in the N260 for a LiP's costs..

[MrsBertBibby]

Just use your initials, describe yourself as a lip, and put in the rate.

[samanthamplified]

Do I have file the form at court and also serve it on all parties?

[Collaborate]

A LiP cannot claim for their own time. You can only claim for out of pocket expenses, such as court fees, or for barristers fees if you have one.

[prh47bridge]

Sorry to disagree but an LIP CAN claim for their own time - Civil Procedure Rules 46.5(3) states that they can claim for the same categories of work as would have been allowed if the work had been done by a legal representative. Rule 46.5(4)(a) states that, where the LIP can prove financial loss, they can claim the amount they can prove they have lost for time reasonably spent doing the work. Rule 46.5(4)(b) states that, where the LIP cannot prove financial loss, they can claim at the rate set in Practice Direction 46 (currently £19 per hour).

[MrsBertBibby]

And Rule 28.2 FPR applies r46 CPR in family proceedings.

[MrsBertBibby]

OP, serve it on anyone you hope to get costs from. File as well, but have extra copies to hand up.

www.justice.gov.uk/courts/procedure-rules/family/parts/part_28

This is the costs rule for family, zoom down to 28.3 (5) for the criteria about making costs orders in financial remedy cases.

Good luck.

[Collaborate]

Thank you both. Can I record this as CPD?

[traviata]

I just want to emphasise that the normal order in financial proceedings is no order for costs - ie each bears their own. You need to prove special circumstances to get a costs order from the other person.

MrsBB posted the link above, to FPR Part 28 rule 28.3(5)

[samanthamplified]

Hi traviata,

I should clarify, these are financial proceedings

But, there is an intervener and a preliminary issue hearing to determine to his alleged beneficial interest

I was told I could make a normal claim for costs specifically for costs associated with this PIH...

I know costs for the overall proceedings will not be a normal claim

But for this PIH, can I submit a standard N260?

Thanks.

[traviata]

In short, yes.

if the intervenor is a party to the full financial proceedings, you might encounter an argument that 'the normal rule applies' ie no order for costs. But in my experience, the court will accept that the only purpose for the intervenor being involved is to determine the beneficial interest. So if you win on that point, you win, and costs should "follow the event" ie be paid by loser to winner.

It is helpful that it is a separate hearing, not mingled in with the full financial hearing.