August 25, 2011
It has been predicted by the House of Commons Justice Select Committee that as a result of the recent cuts in legal aid there will be a sharp increase in the number of litigants in person. Sir Alan Bleith MP who chairs the committee particularly focused on the effect it will have in family cases and said: “Courts are going to have to make adjustments to cope with more people representing themselves in what are often emotionally charged cases.” The comments by the Justice Select Committee follow concerns which were raised by the Civil Justice Council (CJC) that the government plans to introduce compulsory pre-action directions will particularly impact on litigants in person. The proposed reforms will place a greater emphasis on the use of mediation and delay the point at which a case will be heard in front of a judge. The CJC warned that: “The consequences of delayed access to judicial involvement can be particularly serious for litigants in person unfamiliar with process.” Peter Glover a district judge at Dartford County Court writing in the Law Gazette this week pointed out that already there are a large number of litigants in person in family cases. He wrote: “There is already a high proportion of cases, more than half where I sit, in which one or both parties are litigants in person. In the main, they are well meaning, but lack crucial skills.” There are concerns amongst some members of the judiciary that litigants in person are not able to fully understand the legal process and this will lead to delays. Judge Glover added “The likely huge increase in the numbers of these reluctant entrants into the court lists promises delay and disruption of other court business”.