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10 April 2008 / Sir Geoffrey Bindman KC
Issue: 7316 / Categories: Features , Legal services , Procedure & practice , Costs
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Hard times, hard choices

Heather Mills had the luxury of choosing whether or not to represent herself, but what about the plight of poorer litigants? asks Geoffrey Bindman

The decision by Heather Mills to sack her lawyers and conduct her own case against her former husband, Sir Paul McCartney highlights basic questions about our judicial system.

Of course, she is by no means the stereotypical litigant in person. The well-heeled tabloid millionaire celebrity bears no resemblance to the shambling rain coated figures tramping the corridors of the law courts, tattered documents spilling from a carrier bag, whom I remember from my early days in the law. But times are changing. The costs of legal representation are daunting even for those who can afford to pay, and the steady erosion of legal aid leaves more and more people with no choice but to struggle through an unfamiliar process with little or no help. The litigant in person will become the norm as lawyers price themselves out of their own courts and governments refuse to

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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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