Following on almost immediately from the court decision that litigants in person should not get special treatment when it comes to failures to follow court rules, the Judicial College has published a report commenting upon treatment of litigants in person. The report is lengthy and concludes that people should come away from court feeling that they have been treated fairly, whether represented by a legal professional or not. In the report Judges are asked to put themselves in the shoes of the people before them and consider how they would feel in response to what is said and done in court. One of the key statements was that litigants in person should not be seen by the courts and Judges as a problem. That is wishful thinking. Solicitors and barristers presenting evidence and documents to a Judge, rather than someone going to court for the first time, will inevitably make the Judge’s life easier. As more and more litigants are priced out of getting legal representation, the more unrepresented parties will be coming before them. As explained in our recent article here, unrepresented parties should not receive special treatment and are at a big disadvantage if up against a party with representation. Not only is it claims that our site concentrates on that are of concern. The lack of legal aid in family matters means a great many people go to court without representation. The reforms to the personal injury small claims limit will have a similar effect in that kind of work.
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