The Lord Chief Justice today expressed concerns that the number of litigants in person will increase further when legal aid cuts come into force next year. He is concerned that this will ‘undoubtedly increase the burden’ on judges, and will lead to confusion as the judge will have to help the litigant in most cases.
He added ‘Where there are two self-represented litigants life becomes very difficult indeed. Judges don’t know every part of the law and need help - having a list of cases like these undoubtedly slows the process.’
He acknowledged the number of litigants in person is already on the rise in civil courts across England and Wales. This will only increase when the legal aid cuts make it harder for Claimant's to fund their case. This will not only serve to place greater pressure on the courts but will result in Claimant's being denied the compensation they deserve.
Charlotte Dollard, medical negligence claims solicitor commented: "Lord Judge raises a really important issue arising from the legal aid cuts. However, more litigants in person will not only put pressure on the administration of justice, but also access to justice itself. No matter how careful the court is to manage the procedure fairly, it will be almost impossible for the majority of litigants in person to effectively conduct their cases without the support of skilled and experienced solicitors. We deal with a large number of complex medical negligence and personal injury claims where this would be particularly relevant. To have a situation where a seriously injured person has no alternative but to represent themselves is very worrying"
If you have any questions about the legal aid reforms, or would like to enquire about making a personal injury or medical negligence claim contact our team on freephone 0800 358 3848 or email personalinjury@fieldfisher.com.