Litigants in person 

This page contains information and advice on going through the court process on your own, including what to expect and who you can bring with you to court.

Going to a hearing

Going to court can be an unnerving experience for anyone. You might want to bring someone with you who you can talk to while waiting and who can provide emotional support before and after the hearing.

When you arrive at the court, you will be subjected to security checks, which will include a search of your bags as well as an airport-style metal detector. Once inside the courthouse, look for the 'Court Lists' or ask the security guard at the front door.

Once you've found the location of these lists, look for the one that contains either your case number (found on any letters you've received from the court) or your name. Different courts put different information on their lists; if you're having trouble finding your case, ask a member of staff for assistance.

Once you've determined which court and judge will hear your case, proceed to the usher's desk to sign in. You must tell the usher who you are, what case you are in, and which court you are in. The usher will then mark you as present. If you're representing yourself, inform the Usher that you're a litigant in person.

You will then be asked to wait; a District Judge may have 10-12 items on their list at any given time, so it may be a long wait. If the opposing party is represented, a representative from that side may come over to introduce themselves. They may also make some settlement proposals; in that case, listen to what they have to say and take notes if necessary. Request a few minutes to think about what they have said. You should not feel pressured or intimidated by anything a legal representative says to you.

If you do not believe you can accept the proposals and do not wish to continue negotiating, you should inform the other party/solicitor. If you are summoned to appear before the judge, turn off your mobile device. Depending on the type of hearing, the judge may begin by asking questions or may invite one or more parties to speak, whether or not they are represented. You should dress appropriately for your court appearance. The type of judge you are going before will determine how you address the judge:

• Magistrates and District Judges should be addressed as Sir or Madam.
• Circuit Judges and any higher judge should be addressed as Your Honour.

You may remain seated when the judge enters the court, unless it is a Circuit Judge or a higher judge, in which case you must stand and wait to be seated. You should also stand before speaking and wait for the judge's permission before doing anything.

Representing yourself

Unlike other types of courts, family courts are accustomed to dealing with individuals who represent themselves. A litigant in person is someone who represents themselves in court. 

There are resources available to assist you during court proceedings. Importantly, these organisations and individuals cannot carry out the proceedings on your behalf or stand in court and speak for you. It is critical that you do not interrupt anyone who is speaking during the hearing and that you allow them to finish.

You should not question anyone who is giving evidence at a hearing unless directed to do so. We recommend that you bring a pen and paper with you to take notes.

Capacity

The court will have to make a decision whether you are able to represent yourself without having somebody to assist you (a litigation friend). If the court needs more evidence about your capacity it can direct that your GP, consultant, psychiatrist or adult social services produce a report for the court. This will set out whether you have litigation capacity as set out in sections 2 and 3 of the Mental Capacity Act 2005.

For more information on litigation friends see the government page on this and our information page here.

Support Through Court

This voluntary organisation works in a number of courts throughout England and Wales. They offer assistance and support to unrepresented individuals in certain types of court proceedings in England and Wales. Importantly, they cannot provide legal advice. They can, however, provide valuable assistance in case preparation by advising you on which forms you need, lending a listening ear, and, in some cases, accompanying you to court. Their volunteers may also be able to provide contact information for other organisations that can provide more tailored assistance and support. You can find more information on their website.

McKenzie friends

A McKenzie friend is somebody who accompanies a litigant in person to a court hearing for the purpose of assisting him in such matters as taking notes, helping to organise the documents, and quietly making suggestions - for example, as to questions to put to a witness. Although usually a non-lawyer, the McKenzie friend should not be thought of as a lay advocate and has no automatic right to address the court directly. There is some Joint Practice Guidance for courts on how to handle McKenzie friends in court.

A McKenzie friend may ask the court for a right of audience, which allows him or her to appear before the judge, address the court, and call and cross-examine witnesses. The exercise of the right of audience is governed by extremely strict rules. It is a crime to exercise a right of audience or a right to conduct litigation without the necessary permissions.

The court may limit the involvement of a McKenzie friend if, for example, the McKenzie friend is only interested in his own interests, acts in an unreasonable or disruptive manner to the court, or effectively controls the litigation. If necessary, a court can prohibit a McKenzie friend from acting in the future.

Some professional McKenzie friends charge a fee for their services; therefore, it is critical to conduct extensive research before appointing a McKenzie friend.

Cross Examination

This usually occurs at a final hearing or Fact Finding Hearing, and it allows you to question the opposing party or a witness about a statement or piece of evidence. The other side may cross-examine you on your evidence at this type of hearing.

Where can I find further guidance?

The Bar Council, CILEX and Law Society have produced guidance for lawyers who face litigants in person which also includes notes for litigants in person which can be accessed here.

Judges have also created a Handbook for Litigants in Person.