Special rules needed for litigants in person, judges say

Judges are calling for special procedural rules to cope with an "enormous rise" in litigants in person.

The judicial working group on litigants in person, set up by the Master of the Rolls at the end of last year amid concerns over the impact of LASPO, suggested in a report published today that a "more inquisitorial" approach was needed.

The group, chaired by Mr Justice Hickinbottom (pictured), called on the Judicial Office to undertake "urgent" work on three proposals.

One of these would introduce a specific power into CPR Rule 3.1, which sets out the courts' general powers of management. This would allow them to direct that, where at least one party was a litigant in person, proceedings should be conducted "by way of a more inquisitorial form of process".

Another would introduce a new practice direction or civil procedure rule which, "without creating a fully inquisitorial form of procedure", would address the needs of litigants in person.

A further option would be to bring in a "dedicated rule" to make "specific modifications to other rules" where one of the parties was a litigant in person.

The working party also asked the Judicial Office to review the role of lay assistants, including "rationalising the historic differences between practice in the court system and practice in the tribunals" and considering whether the term 'McKenzie Friend' was useful.

On training, the judges called on the Judicial College to urgently consider the feasibility of developing a training course on litigants in person.

There should be a 'litigants in person toolkit' for judges and a central online resource for staff and judiciary.

On information, the working party called on the MoJ to produce "audio-visual material to inform litigants in person what is required of them and what they can expect when they go to court".

They also recommended a thorough review of web-based information.

On vexatious litigants they said: "Judges should be strongly encouraged, through appropriate judicial leadership channels, to deal proactively and robustly with vexatious litigants, in particular by declaring appropriate claims and applications 'totally without merit' and through the use of orders restraining individuals from issuing and pursuing claims."

The working party was made up of eight judges, a magistrate and an academic, professor Dame Hazel Genn.

 

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FURTHER RESOURCES

Acting against litigants in person

Webinar: Acting against litigants in person The webinar considers your duty under the CPR and conduct rules, Part 36, vexatious litigants, and costs recoverability.