Bar Council publishes new guide for Litigants-in-Person

The Bar Council has issued a guide for Litigants-in-Person (LiPs) to assist those unable to obtain legal representation following the withdrawal of legal aid for a range of disputes.

The guide provides plain English guidance to the procedures that LiPs will have negotiate when they bring legal action, advice on how to put a claim together and where to find free advice. It also explains what members of the public should expect if their cases go to court.

The guide, which was compiled with the assistance of  the specialist bar associations, includes sections focusing on specific types of claim, including public law and judicial review, personal injury, housing, immigration and bankruptcy.

The Bar Council said: “We believe that access to justice matters. Whether people use barristers' services or not, we think we have a responsibility to explain and demystify the legal system to anyone who comes into contact with it. This Guide looks to help 'litigants-in-person' through their legal journey, which can be a very daunting, complicated and expensive experience.”

The publication of the Bar Council's guide comes shortly after the new President of the Association of Her Majesty’s District Judges (ADJ), Harold Godwin, warned that the rise in LiPs was putting considerable strain on the justice system.

“Many more litigants are representing themselves without the legal knowledge and skills possessed by the professional lawyer,” he said. “Nowadays, district judges are often required not only to decide the outcome of a case but also, to tease out from the parties the issues, then establish the facts, ascertain the area of law involved and then determine the outcome following statue and common law.”

He also warned that forthcoming restrictions imposed upon the availability of legal aid threatened to have “far-reaching implications in the way civil and family cases are conducted that will, undoubtedly place a greater burden than ever upon the judiciary of Wales and England, although they will be overcome”.

A copy of the guide can be downloaded here.