A new handbook has been published by the Judiciary of England and Wales aimed at providing advice and guidance for litigants in person. The 170 page book is designed to be a first port of call for what many are expecting to be the significant increase in the numbers of litigants in person, thanks to the removal of legal aid for many different types of cases, effective as of April 2013.
The handbook attempts to decrypt the process of litigation in the UK for those who have no experience of it, but many are dubious as to whether or not it will have that effect, or will actually make things more difficult for people to understand.
A litigant in person is basically anyone that represents themselves in legal proceedings, as opposed to instructing a legal representative. Many litigants in person will take legal advice from a qualified professional in the run up to their cases reaching a court or tribunal, but when it comes to the actual representation they will represent themselves.
There are many times when a person might decide to be a litigant in person – for example, where someone has a legal background and wishes to represent themselves, or is court literate thanks to past experience and so is well prepared to do so. However, the main motivation for many in the coming years is most likely to be simply not being able to afford professional legal representation as a result of the withdrawal of legal aid – hence the publication of the handbook.
There are many hurdles to overcome as a litigant in person, compared to using a legal representative, as well as a number of rules and requirements for those who are on the other side. For example, a solicitor is required to provide some assistance to a litigant in person that they are opposing in certain circumstances, such as where it is necessary that the attention of an opposing party be drawn to a particular procedural rule.
However, despite the allowances that the law makes for litigants in person and the new handbook designed to guide them, there are still concerns that the withdrawal of legal aid that is triggering this increase in litigants in person will actually amount to a denial of access to justice for thousands of people.
The fear is that many litigants in person simply won’t have the same standard of legal background and knowledge at their disposal as someone who has instructed a legal representative and so just won’t have the same chance of success as someone who can afford legal representation.
If you are considering being a litigant in person and you would like some legal advice on your case in the run up to an appearance in a court or tribunal then please don’t hesitate to contact us. We offer legally aided services as well as a range of fixed priced services for those who don’t qualify for legal aid.