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Difficulties faced when acting in person

A High Court Judge recently highlighted that the actions of an individual acting in person as what is known as litigant in person (where the person is not represented by a solicitor or a Barrister) can cause difficulties for the Courts when the litigant in person is malevolent or abusive.

The particular case before the Court in Veluppillai and Veluppillai which related to a divorce went before Mr Justice Mostyn wherein the Judge waived the rights of the parties to privacy in order to expose extremely negative conduct on the part of the husband considering it in the public interest to do so.

Conduct included threatening to execute his wife, her lawyers and the Judge in a gas chamber. The Judge wished to highlight the problem so that the public should be aware of the problems the Court face in administering justice and implementing rule of law when they have to deal with unrepresented and abusive litigants determined to try and do everything they can to destroy the Court process. The case centered on the wife’s claim for financial relief and involved over 30 Court hearings and 4 appeals in what was described by the Judge as extreme litigation conduct by the husband.

The Courts have found it increasingly difficult since changes to Legal Aid in 2012 meaning many individuals are without representation and simply do not understand the Court process and become overly zealous when dealing with the same when not able to take advice from solicitors. The Court in this instance found that the Husband’s conduct was so abysmal that he was ordered to pay all of the wife’s costs.

If you are dealing with a litigant in person and require assistance and advice in relation to the same please do not hesitate to contact one of our specialist team lawyers at Clarkson Hirst, Kerry Davies, Suzanne Willey, Sean Harkin or Jacqueline Partington or one of our paralegals Amy Dawber or Curtis Booth on 0800 919 231.

Posted , categories Legal industry News