Goodbye 'self-represented litigants', welcome back 'litigants in person'

The term ‘self-represented litigants’ should no longer be used to refer to individuals who conduct legal proceedings on their own behalf, the Master of the Rolls has said.

The Civil Justice Council had recommended – in a report issued in November 2011 – the use of the SRL term, but use of the expression ‘litigant in person’ (LiP) had continued.

But in practice guidance published this month Lord Dyson said: “The use of two terms to refer to the same thing is less than ideal. It is confusing both for individual litigants and the courts.”

The MR, who is Head of Civil Justice, said he had been authorised by the Judges’ Council to consider the Civil Justice Council’s recommendation and issue guidance.

“I have considered all the circumstances, including the fact that the term LiP: is used in statute (e.g., The Litigants in Person (Costs and Expenses) Act 1975); is and will continue to be used by Government; is commonly understood and well-known both by the legal profession and individuals generally; the term SRL is unclear in its scope, as it can variously be understood to suggest that individuals are conducting the entirety of legal proceedings on their own behalf, that they are only conducting court advocacy on their own behalf or, that they have themselves obtained representation i.e., secured the service of an advocate,” he said.

“In the light of these factors I have therefore determined, with the unanimous agreement of the Judges’ Council, that the term SRL should not be adopted or used in future.”

Lord Dyson added: “The term ‘Litigant in Person’ (LiP) should continue to be the sole term used to describe individuals who exercise their right to conduct legal proceedings on their own behalf.”

The MR’s guidance applies to all proceedings in all criminal, civil and family courts.