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08 December 2023 / Stephen Gerlis
Issue: 8052 / Categories: Features , Procedure & practice , Litigants in person
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Ignorance is not bliss for LiPs

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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

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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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