header-logo header-logo

Litigation without lawyers

26 September 2019 / Peter Thompson KC
Issue: 7857 / Categories: Opinion , Procedure & practice , Legal services , Legal aid focus
printer mail-detail

The small claims system is too complicated for non-lawyers & needs simplifying, says Peter Thompson QC

The law by which civil claims are administered is drafted by lawyers, interpreted by lawyers and applied and enforced by lawyers. You have to be qualified as a lawyer to understand it. Most of the individual litigants for whose benefit the system has been established are unable to afford a lawyer and, in the case of money claims for no more than £10,000, are discouraged from engaging one. These claims are known as small claims, and they make up over half of the total turnover of the courts. They are brought and defended by litigants in person.

No legal frills

Currently concern is expressed by the judiciary that litigants in person are upsetting the administration of justice by misunderstanding court orders and directions and by making misconceived applications and appeals. They are not acting maliciously, but are thrashing about making mistakes through their lack of legal understanding. So how has this come about and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll