Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane
17/01/15. There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of benevolence towards such litigants-in-person when it comes to non-compliance with the Civil Procedure Rules and other procedural rules.
This can lead to significant frustration amongst represented parties, particularly in circumstances where a Strike Out or other such punitive sanction is sought, but denied on the grounds that the defaulting party should be afforded another chance (perhaps applying the third limb of the Denton test?). Yet further frustration is likely to be felt should the prospect of recovering any costs from the said defaulting party is considered, notwithstanding those thrown away by any such default, assuming as one may that the reason most litigants-in-person are just so is for...
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