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01 March 2024 / Stephen Gold
Issue: 8061 / Categories: Features , Procedure & practice , Civil way , Litigants in person
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Civil way: 1 March 2024

Havin' the Latin; Dr Gold's CPR prescription

IGNORANTIA JURIS NON EXCUSAT

The litigants in person (LiPs) in Greenwood and another v Pringle [2024] EWHC 84 (Ch) do not appear to have got much procedurally right. But as Judge Paul Matthews pointed out, being a LiP is not a good reason for breach of a procedural order (see Barton v Wright Hassall [2018] UKSC 12 and post-Sumption, Mainline Pipelines Ltd v Phillips and another [2023] EWHC 2146 (Ch)); nor are living abroad or being elderly or impoverished.

The LiPs here were seeking, among other things, to overturn an order setting aside their statutory demand with a £4,680 costs order against them. Out of two directions given of which they were in breach, one of them (the likes of which have been known to cause even seasoned litigants to spit tacks) was for the filing of a transcript of the judgment below. They contended it was not necessary and the transcript was too expensive (they having asked for one of the

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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