Self-represented litigants to be eligible for costs awards from September

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Starting 1 September, successful litigants who represent themselves in court will be able to claim up to $500 per day in costs for cases in the District Court, High Court, and Court of Appeal. 

This development comes amid a sharp rise in the number of self-represented litigants, particularly in the District Court’s civil jurisdiction. 72% of active cases involved self-represented parties by June 2023, up from just 2% in 2014.

This change marks a shift from the current rules, where self-represented litigants are not entitled to costs, even if they win their case.

The move follows the Supreme Court’s judgement in McGuire v Secretary for Justice [2018], where a lawyer representing himself was denied costs despite winning his case. 

While the $500 daily rate is modest compared to awards for legally represented parties, it aims to fairly compensate self-represented litigants for their time and effort.

Only successful litigants will be eligible for costs, while those who fail will still be liable for the opposing party’s costs (editors note: these do not usually cover actual costs).

Read more over at LawNews