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08 December 2023 / Stephen Gerlis
Issue: 8052 / Categories: Features , Procedure & practice , Litigants in person
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Ignorance is not bliss for LiPs

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Amid rising numbers of litigants in person, Stephen Gerlis relates a cautionary tale
  • A recent case, Mainline Pipelines Limited v Phillips and Phillips, highlights the difficulties litigants encounter when conducting cases themselves and the knock-on effect on other cases.

We already know the number of litigants deciding to conduct cases in person is increasing. Lack of available funding or even distrust of lawyers are some of the reasons feeding into a tsunami of unrepresented parties, which in turn is aggravating the backlog of cases facing the courts. A recent case highlights the risks being taken by a litigant in person and the limit on the assistance the court can give them.

Missing statement of truth

In Mainline Pipelines Limited v Mr and Mrs Phillips [2023] EWHC 2146 (Ch), [2023] All ER (D) 95 (Aug) Mr Phillips was representing both himself and his wife as defendants to a claim concerning the repair of a multi-fuel pipeline which ran under part of the defendants’ farm. The claimants were seeking summary judgment. In response to the claim the defendants served ‘an

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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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