Mark Solon highlights the potential pitfalls when litigants in person instruct expert witnesses
The rise in number of DIY litigants appearing before the courts without having had advice from a lawyer and without representation, has been fuelled by the soaring cost of litigation at one end of the market and at the other, due to cuts to legal aid, that have meant fewer people are eligible for public funding.
Having unrepresented people, whether in civil, criminal or commercial proceedings, generally increases the length of cases, as unrepresented parties are less familiar with court procedure and practice, they will be more likely to focus on legally irrelevant matters and naturally often allow their emotions to get the better of them.
This had the effect of increasing the cost of litigation, the opposite effect that the cuts and reforms are intended to have.
Heavy burden
The trend has an impact on all other parties working in the court system, from the lawyers (where they are instructed) representing the opposing parties to the judges hearing the cases. Judges
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