Litigant in person Definition

GLOSSARY

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What does Litigant in person mean?

A party to any proceedings who does not have a solicitor or other legal representative duly authorised to represent him or her in those proceedings.

The Master of the Rolls has issued guidance, Terminology for Litigants in Person (www.judiciary.gov.uk/publications/mor-guidance-terminology-lips/) to clarify the correct terminology to be used to refer to individuals who conduct legal proceedings on their own behalf. The guidance directs that the term 'litigant in person' should be the sole term used to describe individuals who conduct legal proceedings on their own behalf. The term 'self-represented litigant' should not be adopted or used in family, criminal or civil courts.

View the related checklists about Litigant in person

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Old provisions relating to success fees and policy premiums—checklist [Archived]

Old provisions relating to success fees and policy premiums—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out historical provisions which were revoked on 1 April 2013 and is not maintained. However, due to transition arrangements, the provisions may continue to be relevant in proceedings where a conditional fee agreement or an insurance policy was entered into prior to 1 April 2013. These are the provisions referred to in CPR PD 48, para 1.3. Part CPR reference Provision (this is a copy of the CPR rule) Part 43Scope of costs rules and definitions 43.2(1)(a) costs includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 48.6, any additional liability incurred under a funding arrangement and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track 43.2(1)(k) funding arrangement means an arrangement where a person has—(i) entered into a conditional fee agreement...

Litigants in person—family proceedings

This Practice Note sets out issues to be taken into account when dealing with a litigant in person in family proceedings, including procedural requirements, guidance and the requirements of the Solicitors Regulation Authority (SRA) Standards and Regulations. It also sets out The Law Society guidance on litigants in person and resources that may be of assistance to a party acting in person.Following changes to the availability of legal aid made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) in 2013, the number of litigants in person in family proceedings has increased—see Practice Note: Eligibility for family legal aid—Availability of legal aid. In a speech on twenty-first century family law, the then President of the Family Division, Sir James Munby, said:'In the courtroom we must adapt our processes to the new world of those who, not through choice, have to act as litigants in person.'Key findings in the Ministry of Justice report Litigants in person in private family law proceedings (November 2014) were that:•the majority of...

Litigants in person and McKenzie friends—public law

This Practice Note sets out guidance and best practice in cases where a party is acting in person or via a McKenzie friend in public law children proceedings, including the courts’ approach to reasonable assistance to be offered to a litigant in person in putting their case and on the appointment of a McKenzie friend.General principlesEvery party to care proceedings is entitled to a fair hearing, and the parents and child are entitled to the protection of their Article 6 rights (right to a fair trial) under the European Convention on Human Rights (ECHR), as incorporated into the Human Rights Act 1998. There is no obligation to use a solicitor, although in care proceedings, as opposed to private law children proceedings, legal aid remains available for both the child and the parents and to anyone else with parental responsibility, regardless of means, so the majority of parents are legally represented. Litigants in person are comparatively rare in that context. In other proceedings, the legal aid position differs, see Practice Note:...

Discover our 271 Practice Notes on Litigant in person

Matter project plan

Matter project plan Date of this project plan [Insert date] Stage this project plan covers(eg pre-trial review or end of matter) [Insert details] Date of last project plan (if any) [Insert date] Completed by [Insert name of person completing this project plan] 1 General information Client name(s) [Insert client name(s)] File reference number [Insert file reference number] Matter type [Insert brief description of the matter, eg contract dispute] Fee earner [Insert name of fee earner] Supervisor [Insert name of supervisor] Any other comments, eg client vulnerabilities [Insert any other comments] 2 Critical dates Date Description [Insert date] [Insert description of critical date, eg limitation date] [Insert date] [Insert description of critical date, eg limitation date] [Insert date] [Insert description of critical date, eg limitation date] 3 Matter summary Description and summary of matter [Explain what sort of matter this is and what issues are involved] Current status [Explain what stage you have reached in this matter] Any other comments [Insert any other comments] 4 Parties...

Standard order 10.2—occupation order

Standard order 10.2—occupation order In the Family Court sitting at [Court name] Case No: [Case number] Occupation Order The Family Law Act 1996 The full name(s) of the child(ren) Boy or Girl Date(s) of Birth [Insert] [Insert] [Insert] [Insert] [Insert] [Insert] Before [name of judge] in private on [date] at a [type of hearing]. Important notice to the respondent, [RESPONDENT name] of [RESPONDENT address] You must obey this order. You should read it carefully. If you do not understand anything in this order you should go to a solicitor, Legal Advice Centre or Citizens Advice Bureau. You have a right to apply to the court to change or cancel the order. Warning: ALTERNATIVELY, If you disobey this order, you MAY BE HELD TO BE IN contempt of court and may be IMPRISONED, fined or have your assets seized. The parties: The applicant is [name] represented by [name] [of counsel] The first respondent is [name], the [relationship to child], represented by [name] [of counsel] Definitions...

Dive into our 7 Precedents related to Litigant in person

If a tenant has served an LTA, s 26 request for a new tenancy and then proceeded to serve a notice of discontinuance on the grounds that it no longer wanted to take up the new tenancy, can the Landlord recover the costs it has incurred as a result of preparing the new lease along with its litigation costs?

If a tenant has served an LTA, s 26 request for a new tenancy and then proceeded to serve a notice of discontinuance on the grounds that it no longer wanted to take up the new tenancy, can the Landlord recover the costs it has incurred as a result of preparing the new lease along with its litigation costs? When a tenant is entitled to claim a new lease under Part II of the Landlord and Tenant Act 1954 (LTA 1954), costs will likely be incurred both in any litigation and also in preparing a new lease which might ultimately be granted without the need for a contested hearing. This question raises the extent to which the landlord can require the tenant to meet the costs which it incurs in preparing the new lease following a discontinuance for whatever reason. A tenant with the protection of LTA 1954, Pt II will lose the right to claim a new tenancy unless proceedings are commenced within the time...

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

When dealing with costs in a consent order does the order have to stipulate who the paying party will be? This Q&A assumes that none of the parties are a litigant in person, child or patient. An order for costs is a judgment like any other. It therefore needs to be drafted in a way which makes it possible to understand its effect(s). The general rules in CPR 40.3 for the drawing up and filing of orders apply. In addition, CPR PD 44, para 9.4 specifically states that: ‘Where an application has been made and the parties to the application agree an order by consent without any party attending, the parties should seek to agree a figure for costs to be inserted in the consent order or agree that there should be no order for costs.’ If the purpose of the order for costs is to require one party to pay another party’s costs, that should be made clear. While it would be possible for a...

See the 65 Q&As about Litigant in person

Commercial Court gives guidance on pleading and proving claims under section 423 of the Insolvency Act 1986 (Invest Bank PSC v El-Husseini)

Restructuring & Insolvency analysis: The Commercial Court dismissed a claim under section 423 of the Insolvency Act 1986 (IA 1986) that the first defendant (Mr El-Husseini) had transferred valuable assets to eight transferee defendants, being his family members, companies under their control and a discretionary trust, with the purpose of putting the assets beyond reach of the claimant (Invest Bank) as a potential creditor. The court held that the allegations advanced at trial were of serious wrongdoing amounting to dishonest behaviour or disreputable conduct which accordingly required a clear pleading of a sufficiently cogent case. Invest Bank had not properly pleaded in its particulars of claim the primary facts on which it sought to rely at trial in raising its case based on inference against the defendants. A positive case as to the financial difficulties of one of the key companies was only raised in a reply to the defence of one of the eight defendants. In any event, without expert accountancy evidence as to the state of finances of...

Property Disputes weekly highlights—12 December 2024

This week's edition of Property Disputes weekly highlights includes: a High Court decision granting a final injunction against protestors, Upper Tribunal decisions on whether communal electricity charges that did not account for the use of solar panels were reasonably incurred, the threshold for unreasonable behaviour capable of justifying an order for costs, and calculation of ‘internal floor area’ for the purposes of the right to manage. It also includes the 178th Practice Direction update to the Civil Procedure Rules, the Ministry of Justice’s decision to publish the names of claimants of money judgments on the Register of Judgments, Orders and Fines in England and Wales, and amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order.

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