# The Employment Appeal Tribunal Rules 1993, Rule 34D: Litigants in person and party litigants


(1) This rule applies where the Appeal Tribunal makes a costs order in favour of a party who is a litigant in person.
(2) The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.
(3) The litigant in person shall be allowed —
(a) costs for the same categories of—
(i) work; and
(ii) disbursements,
which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;
(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings;
(c) the costs of obtaining expert assistance in assessing the costs claim; and
(d) other expenses incurred by him in relation to the proceedings.
(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—
(a) where the litigant in person can prove financial loss, the amount that he can prove he had lost for the time reasonably spent on doing the work; or
(b) where the litigant in person cannot prove financial loss, an amount for the time which the Tribunal considers reasonably spent on doing the work at the rate of £25.00 per hour;
(5) For the year commencing 6th April 2006 the hourly rate of £25.00 shall be increased by the sum of £1.00 and for each subsequent year commencing on 6 April, the hourly rate for the previous year shall also be increased by the sum of £1.00.
(6) A litigant in person who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.
(7) For the purpose of this rule, a litigant in person includes—
(a) a company or other corporation which is acting without a legal representative; and
(b) a legal representative, who is acting for themselves.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In the application of this rule to Scotland, references to a litigant in person shall be read as references to a party litigant.

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Source: https://www.legislation.gov.uk/uksi/1993/2854/rule/34D (the official version)
Page: https://openlegislation.uk/employment-appeal-tribunal-rules-1993/rule-34D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

