PI Brief Update

What does the King’s Bench Guide say to Litigants in Person? - Dr Mark Burgin

20/04/23. Dr Mark Burgin explains what experts who are instructed by LiPs need to know about the advice from the King’s Bench.

The King’s Bench Guide has been referred to in a recent case where a LiP was told that they should have read the relevant sections. Experts who wish to accept instructions from LiPs may need to explain this Guide. Helping LiPs follow the correct procedures is part of the expert’s duty to the court under CPR1.1.

• Litigants in person must be treated with respect and consideration. This means that both represented and unrepresented parties should behave in a courteous and professional manner at all times. It is important to remember that the court is a public place and that everyone has the right to access justice.

• Litigants in person must provide an address for service. This is an address where the court can send documents and other communications. It is important to make sure that the address is up-to-date and that you are contactable at that address.

• Litigants in person have a duty to bring relevant matters to the attention of the court and not to mislead the court. This means that you must be honest and truthful in your dealings with the court. You must also make sure that you bring all relevant evidence to the court's attention, even if it is not in your favour.

• Court staff are not able to give legal advice. However, they will do their best to assist you if you need help. If you have any questions about the law, you should speak to a solicitor or other legal professional.

• There are a number of organisations that can provide support to litigants in person. These organisations can provide information and advice on the court process, as well as practical support such as help with preparing documents and attending hearings.

• If you have a disability or other vulnerability, you should contact the court in advance of any hearings. The court may be able to make arrangements to make the court process more accessible for you.

• Where a litigant in person is unrepresented, a represented defendant or respondent may be directed to provide the hearing bundles file at court, serve on the other parties, and provide skeleton arguments. A hearing bundle is a collection of documents that are relevant to the case. Skeleton arguments are written summaries of the parties' cases.

• Litigants in person should identify their strongest points and provide legal authorities and skeleton arguments to support their case. They should also use any relevant standard directions and adapt them to the circumstances of the case.

• The court may ask one of the represented parties to speak first in court and explain the case briefly and impartially, and to summarise the issues. This can help to ensure that the hearing is conducted fairly and efficiently.

• The judge will provide advice re oral evidence from the LIP and witnesses. This advice can help you to understand the court's expectations and to give your evidence in the best possible way.

• At the end of the hearing, the judge and other parties will explain the court’s order. This order will set out the court's decision and any orders that it has made.

• Litigants in person may be able to obtain assistance from a McKenzie Friend, who is a lay person who can provide support and guidance in court. A McKenzie Friend can help you to understand the court process, to prepare your case, and to give your evidence.

• Litigants in person who repeatedly bring claims or make applications which are totally without merit may be subject to a civil restraint order. A civil restraint order is a court order that prevents a person from bringing further claims or applications without permission from the court. This is an extreme measure that is only used in cases where the court believes that it is necessary to protect the public interest.

One of the biggest challenges for LiPs is identifying their strongest points. LiPs may not be familiar with the law or the court process. They may also not be aware of all of the evidence that is relevant to their case. As a result, LiPs may provide a confused case that is difficult to follow.

Another challenge for LiPs is bringing all relevant evidence to the court's attention. LiPs may not be aware of how to obtain evidence or how to present it in court. They may also delay hiring an expert witness. As a result, LiPs may not be able to prove their case to the court.

LiPs may not be aware of how to obtain free legal advice. They may also not have considered using a McKenzie Friend. A McKenzie Friend is a volunteer who can provide support and guidance to a LiP in court. McKenzie Friends can help LiPs to understand the court process, to prepare their case, and to give their evidence.

As a disability analyst, I may have to suggest reasonable adjustments to ensure that the LiP is able to present their case. Reasonable adjustments are changes that are made to the court process to make it more accessible for people with disabilities. These adjustments are often required for those with Aspergers or have suffered a brain injury.

This article was written with assistance from the Bard Large Language model from Google.

Doctor Mark Burgin, BM BCh (oxon) MRCGP is on the General Practitioner Specialist Register.

Dr. Burgin can be contacted on This email address is being protected from spambots. You need JavaScript enabled to view it. and 0845 331 3304 website drmarkburgin.co.uk

Image ©iStockphoto.com/Devonyu

This is part of a series of articles by Dr. Mark Burgin. The opinions expressed in this article are the author's own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand.