*/
Senior judges have spoken out on the plight of litigants in person (LIPs) and the “hidden additional burden” the judiciary shoulders.
Lord Dyson, giving evidence to the Justice Committee Inquiry on the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1 December, said: “It is impossible to prove but it would be extraordinary, frankly, if there were not some cases that are decided adversely to a LIP which would have been decided the other way had that LIP been represented by a competent lawyer. It is inevitable.”
“Experimental” statistics recently published by the Government have shown that the length of hearings with LIPs are no longer, on average, than where parties are represented. But Lord Dyson explained: “[This] is because, I am afraid, that very often litigants in person are totally overawed by the experience and they just dry up... frankly, they freeze.”
Problems are front-loaded at the pre-hearing and case-management stage – “where, if you have lawyers present, they are used to narrowing the issues” – and the additional burden falls to judges. “You would be surprised at how many times people come to court with the proverbial plastic bag – you cannot assume that you are not missing something unless you read every single page,” he said. The support of pro bono advocates to judges is invaluable but the whole system cannot “run on that basis”.
Sir James Munby, also giving evidence, agreed that hearings are taking longer in the early stages of family cases. “The big, big problem... is the absence of pre-litigation and pre-hearing advice,” he said. “Managing expectations is something traditionally done by the lawyers, but is now also being done by the judges” and “that is not something captured by the Government statistics”.
“Experimental” statistics recently published by the Government have shown that the length of hearings with LIPs are no longer, on average, than where parties are represented. But Lord Dyson explained: “[This] is because, I am afraid, that very often litigants in person are totally overawed by the experience and they just dry up... frankly, they freeze.”
Problems are front-loaded at the pre-hearing and case-management stage – “where, if you have lawyers present, they are used to narrowing the issues” – and the additional burden falls to judges. “You would be surprised at how many times people come to court with the proverbial plastic bag – you cannot assume that you are not missing something unless you read every single page,” he said. The support of pro bono advocates to judges is invaluable but the whole system cannot “run on that basis”.
Sir James Munby, also giving evidence, agreed that hearings are taking longer in the early stages of family cases. “The big, big problem... is the absence of pre-litigation and pre-hearing advice,” he said. “Managing expectations is something traditionally done by the lawyers, but is now also being done by the judges” and “that is not something captured by the Government statistics”.
Senior judges have spoken out on the plight of litigants in person (LIPs) and the “hidden additional burden” the judiciary shoulders.
Lord Dyson, giving evidence to the Justice Committee Inquiry on the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 1 December, said: “It is impossible to prove but it would be extraordinary, frankly, if there were not some cases that are decided adversely to a LIP which would have been decided the other way had that LIP been represented by a competent lawyer. It is inevitable.”
Chair of the Bar reflects on 2025
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Pointillism, radical politics and social conscience. Review by Stephen Cragg KC