ILANZ, In-House Lawyers Association of New Zealand

Costs claimed by lawyers – recent cases​

Costs claimed by lawyers – recent cases​

29 June 2018

Members may have seen an item in this week’s LawPoints regarding Costs claimed by Lawyer litigant in person.  Given the flow on effects of this case, ILANZ  will be contributing to this discussion to provide a perspective from in-house lawyers.

Costs claimed by Lawyer litigant in person

Leave has been granted for the Supreme Court to consider the issue of whether lawyers who are litigants in person should be able to claim costs (on appeal from  JJ McGuire v Secretary for Justice).  Until recently (Joint Action Funding v Eichelbaum) costs have been able to be claimed by lawyer litigants as an exception to the principle that litigants in person are not entitled to costs.  This principle has now been applied by the High Court to in-house lawyers claiming costs for their employer (Commissioner of Inland Revenue v New Orleans Hotel).

The Law Society has been granted intervener status and is seeking views from the legal profession.  If you would like to express a view please email by midday on 9 July 2018.