Can I represent myself?  

An individual is entitled to represent themselves or their business at a court or tribunal. This is the case whether the individual is a claimant or a defendant. It may seem a daunting prospect, and there are good reasons for this. After all, the individual may have little or no legal training. They will be unfamiliar with the procedures of the court or tribunal process, and may feel intimidated by the formalities. They may find themselves up against an experienced lawyer.

Having said this, a litigant in person may find the judge or tribunal chair goes out of their way to assist them and offer guidance on how they should proceed. The judge and legal officers will be sympathetic to the lay person in court. They will be treated with courtesy by the court, and should return the favour.

Some tribunals and the small claims court (which deals with cases involving small amounts of money) specifically aim to help unrepresented individuals. It is quite usual for people to attend these hearings without legal representation.

Tips for successfully representing yourself

You are entitled to take a ‘McKenzie Friend’ with you, for moral support or assistance. A McKenzie Friend is someone who is not legally qualified, and who sits with a party during the hearing offering advice and assistance. While they are not entitled to address the court, the judge or tribunal chair may offer some leeway on this if the hearing is relatively informal.

An independent charity known as the Personal Support Unit (PSU) exists to help, support and inform litigants in person and other unrepresented individuals at court hearings. It is based at the Royal Courts of Justice in London, but can help at other courts. It does not offer legal advice or representation. The PSU has a website at www.thepsu.co.uk. Citizens Advice may also be able to offer help and information.

Otherwise, the best way forward for unrepresented individuals is to prepare as thoroughly as possible. Setting out the events in chronological order and preparing a summary of the background to the case is an excellent idea, and can help you stay focused on the points you need to set out. It can be particularly valuable if the lawyer on the other side tries to throw doubt on your account of events. All relevant documents should be neatly filed so that they are ready to hand should they need to be produced in court. It is useful to make three copies of each document, include page numbers, and clearly mark each one.

You should prepare an opening statement. If witnesses are to be called, you should prepare your questions in advance.

Tactics such as shouting out ‘objection’ à la the television crime drama, ‘Law in Order’, making dramatic accusations or interrupting the opposing lawyer are best avoided. Remember that the hearing is intended to allow both points of view to be heard, and you will get your turn to speak. Courts and tribunals are ultra-polite places, and any display of bad manners will do nothing to help your case. If, at the end of the hearing, you are dissatisfied with the decision then you can ask for permission to appeal.

The hearing will concentrate on the facts of the dispute and the relevant law that is to be applied. Moral and emotional arguments hold little sway unless they are backed up by the law. You may feel that your rival in business has behaved immorally, but little can be done unless they have breached legal rules.

Ends