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14 August 2015 / Mark Solon
Issue: 7665 / Categories: Features , Expert Witness , Profession
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LIP service

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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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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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