header-logo header-logo

08 December 2023 / Stephen Gerlis
Issue: 8052 / Categories: Features , Procedure & practice , Litigants in person
printer mail-detail

Ignorance is not bliss for LiPs

150645
Amid rising numbers of litigants in person, Stephen Gerlis relates a cautionary tale
  • A recent case, Mainline Pipelines Limited v Phillips and Phillips, highlights the difficulties litigants encounter when conducting cases themselves and the knock-on effect on other cases.

We already know the number of litigants deciding to conduct cases in person is increasing. Lack of available funding or even distrust of lawyers are some of the reasons feeding into a tsunami of unrepresented parties, which in turn is aggravating the backlog of cases facing the courts. A recent case highlights the risks being taken by a litigant in person and the limit on the assistance the court can give them.

Missing statement of truth

In Mainline Pipelines Limited v Mr and Mrs Phillips [2023] EWHC 2146 (Ch), [2023] All ER (D) 95 (Aug) Mr Phillips was representing both himself and his wife as defendants to a claim concerning the repair of a multi-fuel pipeline which ran under part of the defendants’ farm. The claimants were seeking

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll