GUIDES FOR LITIGANTS IN PERSON, CLIENTS AND ALL THOSE INVOLVED IN THE LITIGATION PROCESS

The Court of Appeal today indicated that “more help” was needed for litigants in person. Here we look at the guidance that exists.

LORD JUSTICE MOORE-BICK OBSERVED TODAY:

In  R (Dinjan Hysaj) v Secretary of State for the Home Department

  1. The Civil Procedure Rules are available free on line on the web site of the Ministry of Justice and to that extent are widely available. What the ordinary person requires, however, is more help in discovering and understanding the rules and some basic guidance about the way in which proceedings should be conducted. If, as seems inevitable, the courts can expect to see an increasing number of litigants in person, assistance of that kind will become essential if the administration of justice is not to be undermined

GUIDANCE THAT ALREADY EXISTS

There are several books and guides for litigants in person and representing yourself.

THIS NEED FOR  HELP AND GUIDANCE APPLIES TO CLIENTS AS WELL

In the research done on stress in the litigation process (for litigants) one of the key reasons for stress was

“3. Clearer dissemination of information about the litigation process to claimants.

There is a need for litigants, with and without representation, to understand the legal process.  With fixed fees; lawyers often not actually meeting their clients coupled with other pressures of practice this is something that may be being overlooked. This may form part of an interesting project (after Christmas).

One comment

  1. Peter Farr, CJC · · Reply

    The Civil Justice Council has also produced a guide to small claims which is intended to be of particular use for litigant in person – http://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

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