Sometimes, taking someone to court or being taken to court cannot be avoided. If this happens to you, it is essential to know your options. In this guest feature, Amanda Hamilton, Patron of the National Association of Licensed Paralegals (NAPL), explains the options and what you need to know to represent yourself.
It’s safe to say that most people want to avoid going to court; however, sometimes, it is unavoidable. If you have to go to court, you can be represented by a professional (a solicitor or barrister) or represent yourself. So, this is the initial decision that needs to be made. Some people outside the legal profession do possess the knowledge of our legal system to go to court unaided.
If there is a criminal law element to the nature of the case, it is not recommended that you fight your corner on your own. But representing yourself is a viable option in a civil dispute—such as an alleged debt, a faulty item bought at a shop or online, or an employment matter.
Generally, if you can afford it, opt to instruct either solicitor or barrister or both to help you. But if you cannot afford to do this (or you do not wish to), then you can represent yourself as a Litigant in Person (LIP).
First things first
The civil court process (County Court or High Court) is dictated by The Civil Procedure Rules 1998 (CPR). You can find out how to do everything in the courts by using CPR as your bible. There is also quite a bit of help on the gov.uk website.
So, if you wish to bring an action against someone, or if another individual is taking action against you, there is help at hand if you wish to be a litigant in person (LIP).
Know the process
If you are the victim of a potential claim against you, then the other party must write to you with information about why she/he believes you owe money (or whatever the potential claim is) to give you an opportunity to respond and (hopefully) settle the dispute before it goes any further. It is what is known as a ‘pre-action protocol’ and is an absolute must.
The letter of claim (as it is known) must express all the facts and evidence of the alleged claim leading up to this point and give the other party a (set and reasonable) period of time to respond and resolve the issues.
Of course, this assumes that the party wishing to take you to court is a reasonable individual. However, you could get a situation where they will take you to court no matter what, without regard to any pre-discussion and completely disregarding what you have to say. Unfortunately, you are then faced with the prospect of court action, which is not what you wanted and is outside of your control.
A claim is issued, and according to the CPR, you have a set number of days to either acknowledge receipt of the claim and file a defence or admit the claim (or part of it). The worst you can do is to ignore it and do nothing. The courts consider this an admission, and the claimant can get a county court judgment against you.
Defending yourself
Once you file a defence (which again has to comply with the format laid down by the CPR), the case is now on course for a hearing. The format of the hearing and where it will take place will depend on the nature of the case.
There could be various stages to go through, such as ‘disclosure of documentation’, where both parties must send each other the evidence they will refer to in order to prove their case. Depending on the nature of the claim, there could be a stage where mediation is suggested to try to settle the case before the main hearing.
However, it could be a straightforward small claim (such as a debt up to a maximum of £10,000), in which case the hearing will be less formal and be heard in Chambers presided over by a District Judge.
If you are choosing to appear as a LIP, then it is important to understand what to say in court and how to say it, so do your research.
Different judges are addressed in different ways, so always find out how you should be addressing the court. For example, in court, a senior judge is addressed as My Lord or My Lady, whereas a Circuit Judge is addressed as Your Honour.
District Judges are addressed as Judge, and Magistrates as Sir or Madam. Here is a useful site to help you get this right; www.judiciary.uk.
Remember that assistance is available
You may also be allowed to have someone else in court with you to take notes or offer advice – but this person cannot speak for you. This person could be a McKenzie Friend or a paralegal who has been helping you with your case.
When presenting your case, the best advice is to be as clear as you can and to stick to the facts without the temptation to embellish what you say with emotion. It is far more difficult than you might think, and the judge, or the other party, may intervene if the belief is that you are going off on a tangent.
Judges will always intervene to assist you as a LIP, either to give you advice on the court process or to guide you about what information you need to impart. This can slow the process considerably, and this is not looked on favourably as it is your responsibility to be prepared and understand what is required of you.
Summary
Always do your research on the civil court process – make sure you know about the stages of a court action (including the personnel involved: usher, judge’s clerk etc.) and know how to address the judge.
Representing yourself can be a huge undertaking and a daunting prospect if you have no assistance. A recommended option is to ask for help from a paralegal who can guide you through the court process – they will almost always not be able to represent you during the actual hearing, but they can be there to offer moral support.
The best advice I can give is to think of going to court as the last option. It is a stressful and costly process, and the outcome is never guaranteed.
About the Author
Amanda Hamilton is the Patron of the National Association of Licensed Paralegals (NALP), a non-profit membership body and the only paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres around the country, accredited and recognised professional paralegal qualifications are offered for those looking for a career as a paralegal professional.
The National Association of Licensed Paralegals has pages on most leading social media sites, including Facebook, LinkedIn and Twitter, under @NALP_UK. For more information, please visit their website http://www.nationalparalegals.co.uk
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