Lord Chief Justice expresses concern at rise in self-represented litigants

The Lord Chief Justice has expressed concern at the significant rise in ‘self-represented litigants’, warning that it increases the burden upon the judiciary.

Speaking at his annual press conference, Lord Judge said: “Let us think what the judge has to do. Normally speaking, he has two sides, both represented. He listens to both sides and he (or she) draws a conclusion.

“With a self-represented litigant the judge actually has to help one of the litigants and say, ‘Well, maybe you should take this point’, or, ‘Maybe what you are trying to say is this’. That presents a great difficulty, because the person who is represented is sitting there thinking, ‘Well, whose side is the judge on? The judge is on the side of the self-represented litigant’.”

The LCJ continued: “So this is an extremely delicate balance, to make sure that the self-represented litigant is getting justice and doing justice to his own case, without simultaneously upsetting, and understandably upsetting, the litigant who is represented into thinking the judge has made up his mind against them.”

Lord Judge added that life “becomes very difficult” in cases where you have two self-represented litigants, something that is happening particularly in civil cases before district judges.

“The cases take much longer and they are much more difficult for the judge,” he said. “The judge, contrary to some popular idea, does not know all the law. He does not go into court with 25 cases in his list and know the law applicable to every case. He does not. He needs help. He needs to be shown where to find the law.”

The LCJ suggested that this slowed the process down.

Asked if changes to the legal aid regime that are due to come into force in April 2013, would make the problem worse, he said: “Yes, of course.”

In April this year the Law Society issued a practice note for solicitors on potential issues they may encounter when dealing with litigants in person.