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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.”
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back