A Handbook

for
Litigants in Person

HHJ Edward Bailey, Editor-in-Chief

HHJ Neil Bidder QC
HHJ Peter Bowers
HHJ Alison Hampton
HHJ David Hodge QC
HHJ Peter Hughes QC

Contents
Foreword

Preface

ii

Chapter 1

Legal help : do you have to be a litigant in person?

Chapter 2

Mediation

Chapter 3

The County Court

11

Chapter 4

The Civil Procedure Rules

16

Chapter 5

County Court Fees

21

Chapter 6

The basic structure of litigation

23

Chapter 7

Starting and responding to the issue of proceedings

26

Chapter 8

Statements of case

37

Chapter 9

Default judgment and sanctions for non-compliance

49

Chapter 10

Disclosure and inspection of documents

55

Chapter 11

Witness statements

63

Chapter 12

Expert evidence

70

Chapter 13

Case management and other interim hearings

76

Chapter 14

Costs management

90

Chapter 15

Preparing for your hearing

97

Chapter 16

Conducting the trial

111

Chapter 17

Discontinuance

121

Chapter 18

CPR Part 36 and Costs

124

Chapter 19

Enforcement

131

Chapter 20

Appeals

137

Chapter 21

Civil Restraint Orders

144

Chapter 22

Conducting proceedings in Welsh

147

Glossary

149

Precedent H (costs budget form)

160

Foreword to A Handbook for Litigants in Person

Access to justice is a right not a privilege. That right has in the vast majority of cases
traditionally been exercised by members of the public through the services of a
lawyer. Over the last ten years there has however been an increase in the number of
individuals who have, for various reasons, pursued and defended claims on their own
behalf: they have been and are litigants in person (or self-represented litigants). It is
anticipated that in the years to come the number of litigants in person will increase
and perhaps will do so sharply.

In an environment where more individuals litigate on their own behalf it is incumbent

on the judiciary, amongst others, to do what it can to help them navigate the civil
justice system as effectively as they can. To that end this handbook, which is
specifically aimed at those litigants in person engaged in proceedings on the multitrack, has been prepared by a number of very experienced Circuit Judges under the
lead of His Honour Judge Bailey and has very kindly been produced by Linklaters.

It should not be forgotten that litigation is not easy, nor should it be embarked upon
lightly. For those who do need to resort to the courts in order to enforce their rights,
and do so without the assistance of a lawyer, the guidance provided in this handbook
will be of real, practical assistance. It is clear and comprehensive. It is detailed and
accessible. It will, I am sure, play an important role in rendering the civil litigation
process less daunting and more accessible for those litigants who represent
themselves. In that regard it will play an important part in helping to maintain our
commitment to access to justice as a right available to all.

Lord Dyson, Master of the Rolls

11 December 2012