header-logo header-logo

LIP service

14 August 2015 / Mark Solon
Issue: 7665 / Categories: Features , Expert Witness , Profession
printer mail-detail
nlj_7665_solon

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

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

Arc Pensions Law—Richard Meers

Arc Pensions Law—Richard Meers

Pensions litigation team announces senior associate hire

Burges Salmon—Neil Demuth

Burges Salmon—Neil Demuth

Firm appoints new chief financial officer

Anthony Collins—Sue Bearman

Anthony Collins—Sue Bearman

Social purpose firm announces director hire plus eight promotions

NEWS
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll