Legal News

Justice Minister Simon Hughes has said the government is expected to make an announcement in the near future about addressing issues raised as a result of an increasing number of litigants in person in the civil court.

The Law Society Gazette reports that Mr Hughes made the announcement at the Liberal Democrat Party Conference in Glasgow – the MP revealed to delegates that he has persuaded the Ministry of Justice (MoJ) to consider a solution to the increasing number of people who are appearing in court and have to represent themselves with no training in the legal process.

Reforms to Legal Aid have particularly impacted on the Family Division and in housing cases involving owner-occupiers whose entitlement to Legal Aid to fight landlord and tenant and disrepair cases was removed under the government’s Legal Aid reforms.

In the Family Division, divorcing couples who previously might have been eligible for legal representation are now forced to represent themselves in divorce proceedings.

As a result of the reforms to Legal Aid, the MoJ placed more emphasis on mediation to resolve disputes in divorce cases and other civil cases. In reality, this means that some victims of domestic violence might have to face their abuser over a mediation table, rather than have legal representation paid for under the Legal Aid budget – while other claimants have to represent themselves if the case goes to court and they cannot afford to pay a lawyer.

Another knock-on effect of people acting as litigants in person has been that cases have taken up much more of the court’s time, because people representing themselves have little or know knowledge of procedure or how to prepare to present their own case in a courtroom.

The government is likely to make a formal announcement about discussions with the MoJ before Christmas.

Mr Hughes also said that the application process for “exceptional funding” in cases would be made much easier. Exception funding is designed as a safety net for “deserving” cases outside the current scope of the Legal Aid Agency.

However, it is unlikely there will any restoration of previous eligibility criteria under the current Legal Aid system.

Me Hughes said:

“I am hoping you will hear encouraging announcements in the very near future to address litigants in person and support people, without needing to give them lawyers.

“I am conscious how difficult it is. My wish would be, irrespective [of funding], that everybody, before they come to court, has the opportunity to talk through with people exactly what the issues are.”

Duncan Lewis Family Lawyers

Duncan Lewis is a leading firm of Legal Aid lawyers and can advise on family law and childcare matters under both UK law and Islamic law, including:

• Ancillary payments
• Care proceedings
• Child abuse
• Children taken into Local Authority care
• Cohabiting agreements
• Court of Protection
• Divorce
• Domestic violence
• International child abduction
• Judicial separation
• International marriages
• Pre-nuptial agreements
• Wills and trusts.

For expert legal advice on family and childcare law – including Legal Aid funding for cases – call Duncan Lewis family lawyers on 020 7923 4020.