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Topic: Litigants in person

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	UK MENS AID -- DIVORCE - LITIGANT IN PERSON (Site not responding. Last check: 2007-10-29)
		Litigants in person have been actively pursuing their right to act in person and to be accompanied by friends in court, using the standard letter;"A Friend in Court".
		Litigant in person should be given all reasonable facilities, and in case of doubt should be given the benefit of that doubt, for the courts must not only act fairly but must be seen to do so.
		The court might object and restrict a litigant in the use of assistance if it became apparent that the assistance was not being provided bona fide but for an improper purpose or was being provided in a way which was inimical to the proper administration of justice.
	www.ukmensaid.org.uk /lip.htm (850 words)

	Litigant in person -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-29)
		Bar etiquette requires that, in court, opposing counsel should ensure that litigants in person are aware of what is happening during the hearing and any results of the hearing.
		A special category of litigant in person arises when a defendant in a criminal case dismisses their defence counsel and chooses to defend the case themselves.
		Furthermore, in some jurisdictions the litigant in person is restricted from cross-examining the alleged victim in (The crime of forcing a woman to submit to sexual intercourse against her will) rape and other serious sexual offences.
	www.absoluteastronomy.com /encyclopedia/l/li/litigant_in_person.htm (319 words)

	Land & Environment Court - Finger on the Scales: The Dilemma Presented by the Litigant in Person in Merit Hearings - A ...
		One advantage for litigants in person in Class 1 and 2 matters is that the local government authority, who is generally legally represented, is required to identify the merit issues at the pre-hearing stage of the case by filing a statement of issues.
		For litigants in person, the difficulty is evident and the process is, at times, not very effective, the litigant asking inappropriate questions or not putting their questions in a form that is readily understandable by the witness or the Court and often results in long delays to the litigation.
		Kirby P accepted that litigants in person are entitled to a degree of assistance by the judicial officer and that in such cases a judicial officer will be entitled to ask more questions of witnesses and the other party’s representative in order to “bring out the evidence” than would otherwise be permitted (at 399).
	www.lawlink.nsw.gov.au /lec\lec.nsf/pages/pain1 (7083 words)

	McKenzie Friend - Wikipedia, the free encyclopedia
		The crucial point is that litigants in person are entitled to have lay assistance unless there are exceptional circumstances.
		This is a particular problem in family court hearings, where it has been held that the nature of the case is so confidential that no one other than the litigants and their professional legal representatives should be admitted to the court [1].
		This has resulted in litigants in person, often fathers seeking to preserve their relationship with their children, being forced to act in court entirely alone with no support and no witness to their treatment by a judge.
	en.wikipedia.org /wiki/McKenzie_Friend (628 words)

	The Private Investigators Resource Centre
		There are, of course, many litigants in person who have endured a genuine injustice and simply have no recourse to proper legal advice and have no option but to pursue the action themselves.
		The annual report includes case studies about genuine litigants in person, helped by the RCJCAB and volunteer lawyers, such as a woman bankrupted by Lambeth Council for a council tax debt on a property she had not lived in for 11 years.
		But when a litigant in person spends several years in court fighting an unmeritorious claim you have to worry that they are clogging up the system and making it impossible for litigants in person with genuine grievances to get their cases heard.
	www.britishagents.com /fullStory.php?id=31 (972 words)

	Publications - Guidance - Chancery Division
		15.2 This means that litigants in person should identify in advance of the hearing those points which they consider to be their strongest points, and that they should put those points at the forefront of their oral and written submissions to the court.
		Litigants can telephone the CLS to find their nearest CLS Information Point on 0845 608 1122 or can log on to the CLS website for the CLS directory and for legal information.
		15.5 Where a litigant in person is the applicant, the court may ask one of the represented parties to open the matter briefly and impartially, and to summarise the issues.
	www.hmcourts-service.gov.uk /cms/1343.htm (1309 words)

	Encyclopedia: Litigant in person (Site not responding. Last check: 2007-10-29)
		In the UK this person is known as a McKenzie Friend.
		Furthermore, in some jurisdictions the litigant in person is restricted from cross-examining the alleged victim in rape and other serious sexual offences.
		(http://www.parliament.the-stationery-office.co.uk/pa/ld199798/ldhansrd/vo980212/text/80212-28.htm) in the House of Lords, UK of litigants in person in the context of sexual cases, in Hansard.
	www.nationmaster.com /encyclopedia/Litigant-in-person (357 words)

	Do-It-Yourself Law \| Issues in Self Representation (Site not responding. Last check: 2007-10-29)
		Litigants in Person Management Plans: Issues for Courts and Tribunals, The Australian Institute of Judicial Administration: Melbourne, 2001, ISBN 1 875527 31 1.
		Litigants in Person: a Report to the Attorney-General prepared by the Family Law Council, Family Law Council: Canberra, 2000, ISBN 0 642 20990 1.
		This report examines the reasons for the increase in the incidence of litigants in person, the effects of this increase on cases, the other party and the practices and procedures of the court, and the need for change to respond to this phenomena.
	www.abc.net.au /diylaw/selfrep.htm (564 words)

	LITIGANTS IN PERSON RESOURCES AND TIPS - ROYAL COURTS OF JUSTICE THE STRAND LONDON ENGLAND
		Equally, however, there are other litigants in person who are very well able to prepare their case and indeed “play the system for all it is worth”.
		Subject to the law relating to vexatious litigants, everybody of full age and capacity is entitled to be heard in person by any court or tribunal which is concerned to adjudicate in proceedings in which that person is a party.
		If your spouse, or the person you are claiming against, or his or her lawyer is lying, you will have an opportunity to speak.
	www.bushywood.com /resources_and_tips.htm (4084 words)

	Chapter 2 Litigants in Person
		One of the major factors in the length of a trial is the capacity of an unrepresented litigant to understand the rules of evidence and, in particular, the role of cross-examination, the principles for adducing evidence and the difference between fact and law.
		Unrepresented litigants lack knowledge of the processes they are involved in, carry personal baggage and vary in ability, attributes and characteristics which can be affected by their own particular circumstances.
		It is estimated that the amount of time allocated to unrepresented litigants is not extravagant when compared with possible costs of time spent in hearings, and considering the amount of time that qualified lawyers spend consulting with registry staff on behalf of their clients.
	pandora.nla.gov.au /pan/21248/20020501/law.gov.au/flc/reports/litinperson/chap2.html (7516 words)

	Dr Michael Pelling
		A litigant in person had an entitlement to be heard and if he needed assistance for that purpose, then the court should not, unless there was reason, deprive him of that assistance.
		The behaviour of the McKenzie friend might be inimical to the judge conducting the litigation in the manner which he or she considered was the most satisfactory way in which to do justice.
		In determining whether a litigant in person should have the benefit of the assistance of a McKenzie friend, the considerations identified in Part 1 of the Civil Procedure Rules (SI 1998 No 3132) as to what was involved in doing justice were relevant.
	www.ukmm.org.uk /camp/heromp.htm (1108 words)

	The Commercial Court Guide ---- Litigants in Person (Site not responding. Last check: 2007-10-29)
		Where a litigant in person is involved in a case the court will expect solicitors and counsel for other parties to do what they reasonably can to ensure that he has a fair opportunity to prepare and put his case.
		Further, the court will expect solicitors and counsel appearing for other parties to ensure that the case memorandum, the list of issues and all necessary bundles are prepared and provided to the court in accordance with the Guide, even where the litigant in person is unwilling or unable to participate.
		If the claimant is a litigant in person the judge at the case management conference will normally direct which of the parties is to have responsibility for the preparation and upkeep of the case management bundle.
	www.hrothgar.co.uk /YAWS/co_g/m1.htm (271 words)

	ALRC Background Paper 4 - The unrepresented party
		As litigants in person face greater difficulty in knowing how to prove their case and assessing whether expert evidence is required Lord Woolf recommended that judges should have the power to direct a preliminary hearing for the purpose of assisting litigants in person to prepare their case.
		Litigants in person may be excluded because of concerns that significant and detrimental power imbalance will occur where litigants in person face represented parties at the negotiating table.
		Litigants in person are a problem for the adversarial system of litigation, premised as it is on two equally matched sides able to present their respective cases with skill and in full.
	www.austlii.edu.au /au/other/alrc/publications/bp/4/unrepresented.html (8220 words)

	Litigant in Person
		A Litigant in Person is someone who is engaged in litigation but is not represented by a solicitor or barrister.
		Unfortunately, the English legal system is a complex and confusing institution, littered with stumbling blocks for the unwary Litigant in Person that could all too easily cost them their case.
		We have, however, been involved in litigation as LIPs for a number of years, and, through hours of research, have amassed a wealth of useful information.
	www.litigant-in-person.com (318 words)

	Frequently Asked Questions (Site not responding. Last check: 2007-10-29)
		As under the former regime, the costs which can be allowed by the court to the litigant in person cannot exceed two thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.
		If the litigant in person does not prove any financial loss caused by the time taken in undertaking the work concerned, then he will only be allowed an amount in respect of the time reasonably spent doing the work at £9.25.
		A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.
	www.legalex.co.uk /legalex/information/faq/8.html (657 words)

	Personal Support Unit - Wikipedia, the free encyclopedia
		The Personal Support Unit (PSU) is a charity which supports members of the public who are attending either of the two main civil courts in London, England: the Royal Courts of Justice in the Strand or the Principal Registry of the Family Division at First Avenue House, High Holborn.
		The volunteers are trained in working at court and in ways of helping and supporting people.
		The PSU helps litigants in person, witnesses, victims, their family members and other supporters.
	www.wikipedia.org /wiki/Personal_Support_Unit (331 words)

	Faculty of Law, HKU - Hong Kong Law Journal
		While litigants in person are increasingly common in civil proceedings in Hong Kong and in other common law jurisdictions, we know very little about them.
		Most of the available information is anecdotal and does not answer key questions about the reasons why litigants represent themselves and the connections between self-representation, merits and outcomes.
		This first of two articles discusses the challenges posed by self-representation for litigants and other stakeholders, identifies the gaps in our knowledge about litigants in person and charts a course for further empirical research to fill those gaps.
	www.hku.hk /law/hklj/32-2/313.html (108 words)

	CJR Interim Report, Section G. Unrepresented Litigants, G6. Measures being developed in other jurisdictions towards ... (Site not responding. Last check: 2007-10-29)
		Assuming that the litigant is unable to finance the litigation from his own (or any insurer's) resources, one must consider the practicability of finding funding from elsewhere.
		Nonetheless, it is to be hoped that in ongoing reviews of the scope of legal aid, notice will be taken of the growing phenomenon of unrepresented litigants and of their impact on the civil justice system, prompting consideration of broader public funding of meritorious claims by such litigants.
		These are agreements aimed at enabling unfunded litigants to bring claims with private lawyers bearing the cost risk, the incentive being a success fee involving an uplift by a stated percentage of the fee otherwise chargeable.
	www.civiljustice.gov.hk /ir/paperHTML/Section_G6.1.html (546 words)

	SPIG - Litigant in person - Letter to the Court (Site not responding. Last check: 2007-10-29)
		At the hearing before ___________________ on ________, it is my intention to act in person and be accompanied by a friend.
		Litigants in person are entitled to the presence of a friend (sometimes known as a McKenzie person) arising from the following: - Rules of the Supreme Court, Order 35 rule 7/1.
		Yours faithfully, (Litigant in person) BACKGROUND The Court of Appeal ruling on McKenzie, which endorsed the precedent for a friend in court, did in fact relate to a divorce action heard in chambers, where the judge had wrongly debarred the "friend" of a litigant.
	www.spig.clara.net /misc/lip-ltr.htm (260 words)

	CJR Interim Report, Section G. Unrepresented Litigants, G5. Litigants in person - a substantial call on the system's ... (Site not responding. Last check: 2007-10-29)
		Litigants in person - a substantial call on the system's resources, particularly its bilingual resources
		It is plain from the available evidence that unrepresented litigants are to be found in increasingly large numbers.
		Litigants in person exert particular pressure on the court's bilingual facilities since the vast majority would wish the proceedings to be conducted in Chinese.
	www.civiljustice.gov.hk /ir/paperHTML/Section_G5.html (108 words)

	Lords Hansard text for 16 Dec 1996 (161216w02)
		What reasons do they attribute for the increase in civil appeals brought by litigants in person in England and Wales during the past five years; and whether they consider that the increase in the number of such appeals has been influenced by the absence of legal aid.
		The report concluded that the high levels of litigants in person visiting or contacting the Court of Appeal office could be attributed to various factors, but did not identify specific causes underlying the increase in the level of this category of appeals.
		The growth in numbers of litigants in person has been apparent since at least 1989, and does not appear to have been influenced by specific changes to legal aid eligibility.
	www.parliament.the-stationery-office.co.uk /pa/ld199697/ldhansrd/vo961216/text/61216w02.htm (1193 words)

	PART 48 - COSTS – SPECIAL CASES (Site not responding. Last check: 2007-10-29)
		This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.
		‘group litigant’ means a claimant or defendant, as the case may be, whose claim is entered on the group register.
		Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register.
	www.lcd.gov.uk /civil/procrules_fin/contents/parts/part48.htm (2160 words)

	SELF REPRESENTED LITIGANTS BIBLIOGRAPHY (Site not responding. Last check: 2007-10-29)
		Costs and the Litigant in Person: An immodest proposal from Australian family law.
		Byrne, Louise and Leggat, C.J. Litigants in Person: procedural and ethical issues for barristers.
		Litigants in Person in the Federal Court of Australia and the Administrative Appeals Tribunal: A research note.
	www.aija.org.au /SRLBIBLIOGRAPHY1.htm (1172 words)

	Land & Environment Court - Litigants in Person News.........: Lawlink NSW
		Land & Environment Court - Litigants in Person News.........: Lawlink NSW
		The Land and Environment Court of NSW is pleased to announce that there are 2 recent Registry initiatives to report upon in relation to the development of a body of material to assist those persons appearing in the Court without legal representation.
		'Litigants in Person in the Land and Environment Court of NSW'
	www.lawlink.nsw.gov.au /lec\lec.nsf/pages/litigants_in_person (184 words)

	Westonka Community Directory: Legal Services
		A special project designed to meet the needs of the "working poor." Family Law attorneys have agreed to work at reduced rates for persons who cannot afford the services of a private attorney.
		There is a $25 administrative fee for persons who retain legal services after the initial free consultation.
		The Hennepin County Bar Association contracts with Hennepin County to administer a panel of attorneys to serve as the public defender for individuals in the civil commitment process.
	www.westonka.org /legal.html (335 words)

	[No title] (Site not responding. Last check: 2007-10-29)
		The second report is a study of a pilot project to extend the advice service for litigants in person at the Citizen's Advice Bureau at the Royal Courts of Justice.
		The aim of the project was to provide legal advice and assistance to litigants in person.
		The study showed that the majority of litigants in person using the service had all their questions answered and followed the advice given.
	www.lawteacher.net /Articles/0372.htm (473 words)

	The Civil Justice Council (Site not responding. Last check: 2007-10-29)
		Richard Woolfson described research he had undertaken for the LCD into the services provided to litigants in person at the Citizens' Advice Bureau of the Royal Courts of Justice.
		The sub-committee decided to concentrate on the specific situation of litigants in person, rather than the information available to all litigants.
		The sub-committee agreed that legal needs was the first priority and decided to conduct research into the information that was currently available to litigants in person.
	www.civiljusticecouncil.gov.uk /305.htm (303 words)

	The Civil Justice Council (Site not responding. Last check: 2007-10-29)
		the desirability and feasibility of having a pre-hearing checklist for cases involving litigants in person.
		The Sub-Committee noted that the LCD would be seeking suggestions to feed in for the next tranch of research proposals in January of next year and it was agreed that the Sub-Committee would be involved at that priority setting stage.
		The Chair said that she would write to His Honour Judge Roberts, chair of the Litigants in Person and Children working group of the Equal Treatment Advisory Committee of the Judicial Studies Board.
	www.civiljusticecouncil.gov.uk /300.htm (574 words)

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