Do I really need a solicitor?
If you find yourself in a dispute with someone and you are considering taking them to court, or if someone is taking you to court, you may ask yourself the question, “Do I need a solicitor?”
While it is possible to represent yourself in court, there are some important considerations you should take into account before deciding to go it alone.
Do you understand what it takes to be compliant?
Case in point: Barton v Wright Hassall LLP
In the case of Barton v Wright Hassall LLP, it was clear that the court/Judges were not willing to be lenient on upholding the rule of law, even when dealing with people representing themselves (litigants in person). The court expects people to be aware of the law, the rules, and follow them; ignorance is definitely no defence.
In Barton v Wright Hassall LLP, the Claimant, who did not have a lawyer and represented himself, sent important paperwork to the other side by email. However, according to the relevant Civil Procedure Rules (CPR), the other side has to confirm they would accept papers by email; it cannot be assumed. As the other side had not said they would accept the papers by email, the papers were not properly ‘served’, and accordingly, his claim was time-barred and thrown out. Read more about the service of documents via email here.
The Supreme Court upheld the Court of Appeal’s verdict and said that litigants in person should not have a lower standard of compliance with the rules or orders of the court. The overriding objective of the CPR requires the court to enforce compliance with the rules and law, and it does not distinguish between represented and unrepresented parties. The consequences of failing to do so could be very serious.
Hearing fees
In a recent claim (in which we were instructed), the Claimant, who was representing himself, failed to pay the hearing fee, which was in breach of a court order, and accordingly, his claim was struck out. The Claimant sought to reinstate his claim, and the court rejected this. The fact that the Claimant was a litigant in person was not a reason that he should be granted relief and allowed to restore his claim. The consequences of his failure to comply with a court order were therefore serious, as he was unable to pursue his claim.
How our litigation solicitors can help
It is important to get your case in good order right from the beginning and ensure you comply with the rules and law which is relevant to your specific case. It is not an easy thing to do, and the consequences of not complying could mean your claim will be struck out, and there are potential cost penalties.
That is why we recommend you instruct a specialist dispute resolution lawyer from the outset who can properly guide you through the process, adhere to the law and provide you with expert advice from start to finish. Get in touch with our litigation solicitors by calling us on 0117 325 2929 or filling out our online enquiry form.