Litigants in person - post-LASPO
With the number of self-represented parties sky-rocketing, it is important that lawyers tailor their approach when working with them
Broad range of information for professionals and practitioners in family law and justice.
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With the number of self-represented parties sky-rocketing, it is important that lawyers tailor their approach when working with them
This guidance is intended to help those representing themselves in private children law proceedings where they have been ordered by the court to prepare a witness statement. It is not a substitute for bespoke, independent, legal advice.
Representing yourself in court without a lawyer can be a difficult and stressful process. Here are some top tips from our Litigants in Person committee.
When a relationship breaks down to the point that going to court seems like the only option Resolution would always advise seeking help and representation from one of our members. However we understand that this not always possible and that sometimes you have to represent yourself in court.
Specific terms are used in the legal process which can be confusing and unfamiliar. Set out below are some definitions to help you on the way.
It is important when getting divorced, or when dissolving a civil partnership, to consider the financial issues that arise out of the separation. Most couples try to reach a financial settlement without having to ask the court to determine their financial claims, however, some couples are not able to come to an agreement in relation to their finances and need to make a financial application to the court. Where an application is made the couple will still be encouraged to try and come to a settlement themselves within those proceedings but ultimately a judge will impose an outcome on them if they cannot. Below we set out the court process.
We need to change some basic fundamentals of family procedure in order to ensure LiPs have a fair understanding of the separation process
The Litigants in Person (LiPs) Committee was set up to respond to the increasing number of LiPs in the family justice system. They help members working with LiPs and they help LiPs with information to improve their experience of the system.
Subject to the rules on vexatious litigants, anyone is entitled to act in person. However, there has been a tendency to treat people who do so as a nuisance. With the reforms to family justice, cut backs on legal aid and changes in behaviour in relation to the ways in which people approach family relationship breakdown, there has been a significant increase in the number of litigants in person and you should consider how your dealings with litigants in person will differ from those with another lawyer.
In certain circumstances where it is inappropriate for a party to cross-examine a witness, the court may now appoint a qualified legal representative to do so
This is a checklist of the main points a solicitor or direct access barrister should bear in mind when accepting instructions from a LiP. It begins with general issues and is then divided into sections according to the stage of the proceedings.
This is a checklist of the main points a solicitor or direct access barrister should bear in mind when accepting instructions from a LiP. It begins with general issues and is then divided into sections according to the stage of the proceedings.
This workshop was presented by Carmen O’Loughlin and Jovana Ugrinic from the Support Through Court (STC) charity (formerly PSU or Personal Support Unit). As co-chair of the Resolution Litigants in Person Committee, I had a keen interest in hearing more about the service.
Here you can find Resolution's collection of Good Practice Guides, Guidance Notes and Handbooks designed to advise our members of good practice when carrying out their work.
Resolution's Litigants in Person Committee has produced these top tips for members who are working with LiPs covering communication, court proceedings and managing client expectations.
Supporting litigants in person - how Support Through Court helps and how they can help you in your work.
There is no decline in the rising numbers of self-litigating parties, and practitioners need to be aware of the factors – and rules - involved.
You can apply for a divorce if you have been married for more than a year and can show that your marriage has irretrievably broken down. Currently this is done by proving one of five facts – adultery, behaviour, desertion, 2 years separation with consent, or 5 years separation.