Litigant in Person's Case Struck Out

"Litigants in person" are people who deal with their own cases in Court, without using a legal team. Whilst many litigants in person cope very well, this is not always the case. Court rules and procedures must be strictly adhered to, and set out below is another in a long line of cases where litigants in person have had their cases struck out for failing to comply with Court orders.

In this case, a Defendant who was acting as a litigant in person, had already lost a claim and wished to appeal against the decision. She was given a strict deadline by the Court for filing a bundle of documents connected with the appeal.

The Defendant failed to file the documents in time. 

She then made an application to the court for Relief from Sanctions, which, if successful, would have allowed her more time to file the papers. 

The Court said that the failure to file the documents was a "significant breach", and that the process had been "awkward and delayed".

This was an important decision affecting litigants in person. The Court said that not all litigants in person should be treated in the same way and it was permitted to consider the additional needs of a litigant in person who did not have ready access to funds, or who could not understand English, for example.

In this case, the Defendant had sufficient assets to be able to protect herself and therefore the Court found there was no good reason for her failing to submit the papers to the Court on time.

Samuels Solicitors are litigation specialists, providing expert assistance to clients in North Devon and throughout the UK. We have been providing litigation services to clients for over 25 years and have a formidable reputation as the only niche litigation firm in the area.

We are committed to ensuring that our clients have access to justice, which is why we have developed a range of flexible funding options, which can include conditional (no win no fee) agreements in appropriate cases.

If you are struggling with a case on your own, we can help. Contact us for a free discussion about how we can help, with no obligation to instruct us. 

 

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