Guide published for litigants in person for interim applications

Guide published for litigants in person for interim applications

The Chancery Division has published a guide for litigants in person involved in interim applications in the Chancery Division.

Developed by Mrs Justice Asplin and Lord Justice Briggs, it offers practical and procedural assistance on a number of issues regarding steps that self-represented litigants should take in relation to interim applications in the Chancery Division (though there may be a number of general points that litigants in person may find helpful irrespective of the court in which they are proceeding).

It includes how and when to serve an application notice, how to prepare for an interim hearing, practical guidance on and tips for the hearing day and so on. This guidance is also of practical assistance to represented parties and their representatives.

Practical implications

 The guidance not only assists litigants in person but also represented parties:

  • litigating against a self-represented litigant and/or
  • those unfamiliar with the mechanics of interim applications and hearings generally and/or in the Chancery Division specifically

Contents of the Guide

 The Guide addresses a number of issues, including:

  • the meaning of interim applications
  • how an interim application and hearing will be dealt with
  • tips for how to prepare for the hearing, including additional resources to assist in this regard
  • how and when to serve an application on the other parties and how and where to lodge documents at court
  • how to prepare documents, including any skeleton argument and hearing bundle
  • guidance on what is likely to happen before, during and after the hearing, including:
    • where and how early you should turn up, how the list for the day will be determined, identifying yourself to the usher, what to do if your opponent presents you with new material at court just before the hearing, how long the hearing is likely to last, etc
    • where to sit, how to address the judge, how and when to make submissions, support (eg a Mackenzie friend or a representative from the Personal Support Unit (PSU)), etc
    • how the order will be drawn up, permission to appeal, costs awards, etc
  • the position where a company seeks to be represented by a non-lawyer
  • the position on civil restraint orders including how to access the Database of general and extended civil restraint orders in force

It also has an appendix containing an example application notice, witness statement, skeleton argument and chronology.

Do you think the April 2013 Jackson Reforms are likely to (or have) result(ed) in more litigants in person? Have you encountered any litigants in person when making interim applications and do you think this is a useful guide for them and/or you? Or perhaps you are a self-represented litigant and can share your thoughts? Either way, we'd love to hear your experiences. Please share them below.

Related Articles:
Latest Articles: