How do litigants in person impact on court business? Edwina Millward explains
Shrinkage of legal aid and the level of lawyers' fees being out of the reach of the majority of the public without a conditional fee agreement or legal expenses insurance mean that, except in the House of Lords, your opponent these days will very often be in person. It's a situation which impacts in family as well as civil cases and, in the former, guidance just published is testament to it.
Every county court advocate has to deal with unrepresented parties. Their involvement in litigation is generally a complicating factor, calling for a different approach by both advocate and judge to that which might be adopted if all parties were represented. Where appropriate, the judge will be appreciative of discussion—if only as to housekeeping—between advocate and litigant in person (LIP) before the case is called and this should be reported on to the judge at the outset of the hearing. The litigant will often be grateful if the report is made by the
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