Being a Litigant in Person

Solicitors can conduct litigation on your behalf. They can also represent you at court or instruct a barrister on your behalf to do so. If you conduct your own litigation or represent yourself at court then you are a litigant in person.

The court system and its procedures can seem inaccessible and incomprehensible - a daunting mass of information written by lawyers and law makers. The justice system, however, was created for the public. All of the information should be available and capable of being understood. The increasing numbers of people who cannot afford a lawyer are learning to do it for themselves.

We have helped litigants in person through a variety of legal problems. From explaining legal procedures to teaching people about legal tests, we can help you to make better informed decisions.

Claiming costs as a Litigant in Person

In civil matters litigants in person can be awarded costs for the work done in connection with their case. The rate is £9.25 per hour. If, however, this does not cover the financial loss for that work a higher figure can be claimed. There is a cap on the amount recoverable of two thirds of the amount that would have been allowed if the litigant were legally represented. He can also claim his disbursements.

For example, John spends 12 hours preparing his case. He can automatically claim £111 (£9.25 x 12). Let’s say that had John could have paid a solicitor £3000 to do the work for him. At the discretion of the court, John could claim up to £2000 if he were to demonstrate a higher financial loss. Financial losses might include loss of earnings and specific expenses resulting from being a litigant in person.

In criminal matters an acquitted defendant can claim money for expenditure on things like travelling, postage, telephone bills and subsistence whilst at court. Rather unfairly, though, they can not claim for the time spent preparing the case. At the conclusion of the case one should ask for costs from "central funds". Remember to keep receipts as proof of purchase.

McKenzie Friends

Many people have still not heard of a McKenzie friend. The name comes from the name of a case where it was ruled a party was entitled to have an assistant in court. This assistant can help someone who is representing themselves at court. In limited circumstances that are entitled to speak on the litigant's behalf. In nearly all cases they will be permitted to:

• Sit in court with the litigant and take notes on their behalf.
• Offer advice.
• Prompt you to ask certain questions.

McKenzie friends have become increasingly popular in recent years. In no way can they replace having a lawyer. In fact most of them are not legally qualified. But they can be a genuine source of support, confidence and an extra pair of ears in the heat of a court battle.

You can find a list of McKenzie Friends here.

Experiences of LIPs

A cautionary tale from Jessica Hart - a former LIP with the wounds to prove it. Jessica describes "10 months of blood, sweat and tears" during her contact proceedings.

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