What Rates Can A Solicitor Charge Their Opponent In Their Own Litigation?

• Published date: 16 February 2023
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Civil Law
• Law Firm: Bindmans LLP
• Author: Mr Mark Ovenell

Can a solicitor, acting in person in litigation, charge themselves out at their usual hourly rates?

This issue was recently considered at a hearing at the County Court in Oxford.

The Claimant and the Defendant were both solicitors. The Claimant brought a claim against the Defendant that was ultimately struck out, and the Claimant was ordered to pay the Defendant's costs.

In his bill of costs, the Defendant sought to recover his commercial hourly rate of '500, being the same rate as he would charge to clients. The Claimant argued that the Defendant should only be able to charge '19 per hour in his bill of costs, as the Defendant was a litigant in person.

The Court needed to determine the construction of Part 46.5 of the Civil Procedure Rules, which defines who can be a 'litigant in person'. CPR 46.5 states:

6) For the purposes of this rule, a litigant in person, includes:

• a company or other corporation which is acting without a legal representative; and
• any of the following who acts in person (except where any such person is represented by a firm in which that person is a partner)
  • a solicitor
  • a solicitor's employee

It was accepted between the parties that the Defendant's law firm was never on the Court record as acting for him, nor had they acted for him prior to the start of the claim.

The Claimant said that the Court...