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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll