Litigants in person—terminology and representation
Produced in partnership with Phil Roberts of Clarke Willmott

The following Dispute Resolution practice note produced in partnership with Phil Roberts of Clarke Willmott provides comprehensive and up to date legal information covering:

  • Litigants in person—terminology and representation
  • Terminology
  • Rights of audience
  • Representation by McKenzie friends
  • Representation of corporations by employees or McKenzie friends
  • Representation by employees
  • Representation by McKenzie friends
  • Representation in the small claims track
  • Court specific guidance

Litigants in person—terminology and representation

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

For more information on issues concerning litigants in person, also see Practice Notes:

  1. Litigants in person—case management and relief from sanctions

  2. Litigants in person—trial and non-attendance

  3. Litigants in person—general considerations, resources and regulators' guidance

  4. Litigants in person—applications and orders

  5. Litigants in person—pre-action protocols, statements of case and CPR 36

  6. Litigant in person costs—general principles

  7. Litigant in person costs—procedure

  8. Litigant in person costs—costs management and budgeting

  9. Litigant in person costs—financial loss and hourly rates

Terminology

The Master of the Rolls issued guidance in March 2013, entitled Terminology for Litigants in Person, to clarify the correct terminology to be used to refer to individuals who conduct legal proceedings on their own behalf.

The guidance directs that the term 'litigant in person' should be the sole term used to describe individuals who conduct legal proceedings on their own behalf and the term 'self-represented litigant' should not be used. Note, however, that the term 'self represented litigant' continues to be used in some parts of the CPR (for example CPR PD 46, para 3.2) and many parts of the CPR also refer to 'unrepresented litigants' (eg CPR 3.1A).

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