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

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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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