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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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