The rise of the litigant in person is an inevitable fact of life, but their favourable treatment by the courts is beginning to ring alarm bells. While the judiciary are rightly seeking to ensure a ‘level playing field’, my recent experience is that the represented litigant is now at a distinct disadvantage when appearing opposite a litigant in person.

A procedural hearing that should take no more than 15 minutes can now take twice as long, as the district judge patiently and laboriously explains each and every step to the litigant in person; a case listed for one hour can take two, while the litigant in person wastes time in obfuscation and irrelevancies.

The district judge, fearful of an appeal, is often more lenient and generous to the litigant in person than to the representing solicitor; rules are sidelined and breaches overlooked. And all the while the paying client observes in wonderment as his or her legal adviser is repeatedly told to stop objecting, and their original costs estimate quietly doubles.

I am seriously considering advising some of my clients to attend court in person when faced with a litigant in person, so as to ensure a truly ‘level playing field’.

Caroline Goorney, Newcastle upon Tyne