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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll