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25 January 2013 / Sir Geoffrey Bindman KC
Issue: 7545 / Categories: Blogs
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An exceptional advocate

Geoffrey Bindman QC harks back to a trailblazing litigant in person

The erosion of legal aid and the high cost of legal services are driving more litigants to represent themselves in court. The complexities of procedure and legal interpretation almost always put those without legal representation at a disadvantage. Where the opposing party is legally represented the non-lawyer does not compete on a level playing field.

The sophistication of our system means that legal aid cuts which reduce the role of lawyers may be a false economy. Lawyers save money: hearings are shorter because lawyers are skilled at curtailing arguments and time need not be spent in unravelling the woolly ramblings of the unskilled advocate. Denial of legal representation in all but the simplest cases undermines justice.

Yet there are exceptions. The confident and articulate litigant in person may be more effective with a jury. And where freedom of expression is the issue, a direct appeal to common sense and worldly experience by the individual whose freedom is at stake may make more sense to a jury than the dry recitation of statute

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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