The Dangers of Going Solo

By Ben Twitchen

Partner – Head of Family

Family Law

18 December 2023

Article Insights

When people represent themselves at court it is known as being a litigant in person. With the demise of legal aid, Courts have faced a great increase in the number of litigants in person, leading to a range of problems.

Lack of familiarity with the processes mean such cases take longer to be dealt with, slowing the system down and causing a knock-on effect for other cases. This delays access to justice for everyone.

Without a solicitor to explain their entitlements, or the likely outcome, litigants in person tend to be unaware of what to expect at Court, so the outcome can come as a shock. This, combined with the emotionally charged nature of Family Law cases, can combine to cause a very upsetting experience. A Milton Keynes case hit the headlines recently when a litigant in person lost their temper and assaulted the judge.

Litigants in person may be trying to save money on representation but this can be a false economy. Without professional help their cases may take months or years longer to resolve, causing greater costs by not finalising their claims; they may lose the opportunity to negotiate or fail to make crucial legal arguments to support their claim.

The solution is to instruct a solicitor who is focussed on helping secure an early cost-effective outcome. The solicitor can arrange out-of-court alternatives such as mediation, collaborative law or negotiation through correspondence. With clear advice at an early stage some cases can be resolved without the costs and stresses of contested proceedings.

All of the family team at Taylor Walton are members of Resolution, a body of family lawyers committed to a constructive and non-confrontational approach, helping you avoid the pitfalls faced by litigants in person. For assistance with your situation, contact our Head of Department, ben.twitchen@taylorwalton.co.uk

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Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.