Number of Litigants in Person on the Increase
Under English law people are entitled
to represent themselves in civil proceedings; there is nothing to
prevent a person representing themselves in the English courts
without a solicitor. The number of parties representing themselves
in civil proceedings has grown over the past years, causing new
challenges for the judicial system. The increase in litigants in
persons (LIPs) has been largely attributed to the cuts in funding
for legal aid and other services. Consequently, more and more
people are having to fund their own lawyer and people cannot or do
not wish to risk these legal costs.
Whilst some LIPs are appreciative of
the rules and regulations, many are not and find it difficult to
deal with complex proceedings, the substantive law and Court
procedure and demonstrate a lack of understanding of case law and
legal principles. Further, LIPs take up a disproportionate amount
of time and put increasing demands on Court staff; they have
trouble preparing adequately for hearings and generally struggle to
comply with Court rules and orders. Judges are now having to take a
more hands on approach during hearings in order to ensure LIPs
understand the legal procedure, causing further delays and
increased costs.
On
occasion, it can appear to represented parties that the Courts
allow LIPs to breach orders and Court rules without sanction. When
faced with an LIP, litigants need to bear in mind that judges will
not take kindly to represented parties who try and confuse and take
advantage of LIPs by bamboozling them with procedural issues. That
said, represented parties are under no obligation to 'hold the
hands' of LIPs through the Court process. Judges are increasingly
citing the old adage "ignorance is no excuse" to LIPs who have
failed to adhere to Court rules.
Considering the current economic
climate and the fact that the limit of the small claims track has
increased to £10,000, it is of no surprise that the number of LIPs
has increased. That trend will almost certainly
continue.
It
is accepted by most, if not all, in the legal profession that the
current system needs to adapt to ensure effective access to justice
for LIPs. Changes to the provision of legal services are needed,
making it easier for unrepresented parties to obtain legal advice
and representation. Litigants should be encouraged to instruct a
lawyer when litigating, especially when dealing with the higher
Courts. Further, out of court dispute resolution processes will
become increasingly important to reduce the number of cases before
the Court.
Posted on:
17/11/2014
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.
Back to News articles