McKenzie friends and litigants in person

Litigants in person

Following cuts to the availability of legal aid in family proceedings made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the number of litigants in person has increased. A litigant in person has the same right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR) as a litigant who is legally represented and is entitled to expect the courts to take positive steps to ensure that their ECHR, art 6 rights are met. Where a litigant in person represents themselves and exercises their own right of audience, the court may actively to assist that person to clarify their case. However, the court must be careful not to provide assistance to a litigant in person in such a way as to infringe the ECHR, art 6 rights of any other party.

Findings in a Ministry of Justice report on litigants in person included that the majority of litigants in person in the study's sample were in person because they were ineligible for, or had been unable to obtain, legal aid, but could not afford legal

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