Lawyers Must Treat Litigants In Person Fairly

This month, in the decision of Re B (Litigants In Person: Timely Service of Documents) [2016] EWHC 2365 (Fam), the High Court has issued a warning to lawyers over bombarding litigants in person (LiPs) at the door of the court. [i]

The comments were in relation to a final hearing in a child abduction case in which a counsel’s 14-page position statement and four law reports which totalled 100 pages were given at the door of the court to a non-English speaking LiP.  Mr Justice Peter Jackson, noted that had this position statement been given to the LiP earlier, it could have helped her, despite the fact it was written in English.

The judge gave the following guidance in relation to service of documents on LiPs:

‘Where one party is represented and the other is a LIP, the court should normally direct as a matter of course that the practice direction documents under PD27A are to be served on the LiP at least three days before the final hearing, especially where the LiP is not fluent in English’.

He continued:

‘The method of service, usually email, should be specified. Where time permits, the court should consider directing that the key documents are served with a translation. In cases where late service on a LiP may cause genuine unfairness, the court should consider whether an adjournment of the hearing should be allowed until the position has been corrected’.

It was also noted that LiPs were less likely to make complaints about this kind of behaviour due to their unfamiliarity with the court process. Late service of documents to LiPs in particular creates unfairness and imbalance between the parties as they may not have time to seek advice ahead of the hearing.

Although this guidance came from the Family Division, it is equally as applicable to the civil courts and should be heeded by all those dealing with LiPs.