header-logo header-logo

26 September 2019 / Peter Thompson KC
Issue: 7857 / Categories: Opinion , Procedure & practice , Legal services , Legal aid focus
printer mail-detail

Litigation without lawyers

The small claims system is too complicated for non-lawyers & needs simplifying, says Peter Thompson QC

The law by which civil claims are administered is drafted by lawyers, interpreted by lawyers and applied and enforced by lawyers. You have to be qualified as a lawyer to understand it. Most of the individual litigants for whose benefit the system has been established are unable to afford a lawyer and, in the case of money claims for no more than £10,000, are discouraged from engaging one. These claims are known as small claims, and they make up over half of the total turnover of the courts. They are brought and defended by litigants in person.

No legal frills

Currently concern is expressed by the judiciary that litigants in person are upsetting the administration of justice by misunderstanding court orders and directions and by making misconceived applications and appeals. They are not acting maliciously, but are thrashing about making mistakes through their lack of legal understanding. So how has this come about and

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
back-to-top-scroll