A Straightforward Guide to How to be a Litigant in Person

The number of litigants in person is steadily increasing. The causes of this are debatable and include rising legal fees, lack of legal aid, or the absence of other funding such as advice agencies and pro bono schemes. Everything is now ‘online’ which, in theory, should make it easier for anyone to litigate as it is just a matter of filling in forms; and there are many helpful DIY guides. 

The first half of this clear and well-written book provides general advice about how to prepare a case, the stages of litigation and going to court. It emphasises the importance of taking a step back to make sure that the litigant, whether claimant or defendant, has a good case, then of reviewing the case as it proceeds. It also considers how to prepare and present the case in court.

The second half contains individual chapters on various types of case a litigant might attempt to tackle, such as housing (landlord and tenant), consumer cases, boundaries and rights of way, and finally inheritance law and will disputes. The section on consumer law contains a very useful discussion on assignments of debts, which is growing in importance as more companies buy up old bad debts. This neatly illustrates the fact that books like this often contain useful information for all of us, including lawyers. The section on boundaries clearly states how unclear these matters are. Disputes about boundaries are proverbially difficult and expensive.  

I could not find out much about the author of the book, who is described as an experienced litigator. Perhaps future editions could contain more chapters on other areas of law a litigant might encounter, such as personal injury. A longer section on how to deal with other parties, whether represented or not, would be helpful.

We need to impress on the public that using the law is not just about downloading and filling out forms. It requires judgement, skill and experience. The more important the case, the more sense in getting a lawyer.

David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury