Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

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Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

LiP loses costs challenge over ‘no longer instructed’ barrister – Law Society’s Gazette

‘A litigant who tried to argue that his costs order was agreed by a barrister who was no longer instructed has lost a court challenge.’

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Law Society’s Gazette, 9th May 2022

Source: www.lawgazette.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

‘Experienced’ LiP refused adjournment for pro bono counsel’s unavailability – Law Society’s Gazette

Posted November 30th, 2021 in adjournment, executors, litigants in person, negligence, news, pro bono work by tracey

‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’

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Law Society's Gazette, 30th November 2021

Source: www.lawgazette.co.uk

Litigating with Litigants in Person: Useful Pointers on Balancing Duties – Parklane Plowden Chambers

Posted November 3rd, 2021 in barristers, chambers articles, codes of practice, litigants in person, news by sally

‘The growth in the number of litigants in person (LiPs) in the Employment Tribunal has been keenly apparent over the last 18 months, when dealing with cases remotely as a consequence of Covid19. Whilst as lawyers we have had to familiarise ourselves with navigating electronic bundles and technology for remote hearings we have navigated through otherwise familiar territory.’

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Parklane Plowden Chambers, 28th October 2021

Source: www.parklaneplowden.co.uk

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer

‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’

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Local Government Lawyer, 23rd September 2021

Source: www.localgovernmentlawyer.co.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

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Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

“Hopelessly complicated” whiplash portal guide slammed – Legal Futures

‘The 64-page users guide for litigants in person navigating the new Official Injury Claim portal has been strongly criticised by a leading academic for being “hopelessly complicated”.’

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Legal Futures, 13th May 2021

Source: www.legalfutures.co.uk

The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures

‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’

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Legal Futures, 30th April 2021

Source: www.legalfutures.co.uk

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by tracey

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

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Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

‘Not two sets of rules’: Litigant in person handed £100k costs bill – Law Society’s Gazette

Posted April 6th, 2021 in costs, indemnities, litigants in person, news by sally

‘A litigant in person has been ordered to pay almost £100,000 in interim costs after another reminder from the court that unrepresented people cannot expect special treatment.’

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Law Society's Gazette, 6th April 2021

Source: www.lawgazette.co.uk

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Litigant in person threatened opposing lawyers with violence – Legal Futures

‘A High Court judge has expressed concern that a litigant in person has threatened violence against lawyers for the people he is suing while dismissing a bid to disqualify the solicitors from acting.’

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Legal Futures, 8th December 2020

Source: www.legalfutures.co.uk

Court corrects gaffe which allowed ex-husband to stop payments – Law Society’s Gazette

Posted November 16th, 2020 in county courts, divorce, families, financial provision, litigants in person, news by sally

‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’

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Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Covid-19 will have “major impact” on £700m medico-legal market – Litigation Futures

‘The medico-legal and insurance services (MLIS) market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

Guidance for litigants in person on remote hearings in the Family Court – Resolution

‘With the advent of the global pandemic hearings in the Family Court are increasingly being held remotely by telephone or on video conferencing software. This guide is designed to help you through the process and includes helpful information on how to prepare for the hearing, how to join a hearing and what to do during the hearing.’

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Resolution, 14th July 2020

Source: https://resolution.org.uk/

Judge refuses to recuse herself over counsel link – Litigation Futures

Posted July 8th, 2020 in barristers, bias, judges, litigants in person, McKenzie friends, news, recusal by sally

‘A High Court judge has refused a request from a litigant in person to recuse herself from hearing a case where she had briefly supervised counsel for the defendants at her old chambers.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Transparency Project

‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’

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Transparency Project, 5th July 2020

Source: www.transparencyproject.org.uk