Litigant in Person: How to Represent Yourself in Court Successfully

For a lot of people in the UK, the thought of going to court without a lawyer is a daunting prospect, but in fact, you would be surprised to find out that it happens a lot more than you might think. Many individuals and small businesses either bring or defend claims in court as a Litigant in Person (LiP), as part of a dispute with a landlord, a cancelled service, or an unpaid invoice.

But how do you prepare for this? What should you expect? And how can you give yourself the best chance of success? 

For those who seek answers to said questions, this guide will outline what it means to be a Litigant in Person, how you can represent yourself in the small claims court, and where CaseCraft.AI and others will be able to help you on your way.

What is a Litigant in Person?

A Litigant in Person is an individual who is conducting their case themselves without the assistance of a solicitor or barrister. You will either be the claimant (the person who initiates the case) or the defendant (the person who is answering the case).

This is particularly common, especially in small claims courts, as the rules generally tend to prohibit recovering legal fees. So, unless your legal battle is reasonably likely to give you an award as big as the amount of money you’d spend on your case, it will make a very high damages award, you will be unable to recover your expenses, and the cost of hiring a lawyer will often be beyond your means. Truly a not-so-winable situation if you wish to close your case with minimum losses. 

Reasons for self-representation:

• Cost: The legal fees usually exceed the value of the claim.
• Simplicity: The rules of small claims are generally structured to be straightforward and non-complex. Anyone can represent themselves if they compile enough evidence into a well-structured case.
• Independence: Some individuals want to launch their own claim, rather than having a middleman intervene
• Limited Options: Usually, there is no legal aid available for civil disputes

While it can be enjoyable to put yourself in the position of representing yourself, it’s not your average daily task. So yes, you should be aware and prepared to face any problems that may come your way.

What will I Experience as a Litigant in Person?

If you are representing yourself without a legal representative, you can expect the following:

• Paperwork: There will be a lot of paperwork and court forms that you will need to complete correctly. But don’t worry, there are plenty of available sources online that will help you.
• Timeframes: You will need to keep up with the timelines established by the court
• Communication: You will be communicating directly with the other side and dealing directly with the court
• Court Hearing: You may have to attend a court hearing to present your case

The courts are used to LiP’s; however, they are also used to procedures, respectfulness, caution, clarity and organisation.

How to Get Ready to Represent Yourself in Court

Here is a helpful checklist to ensure you put yourself in the best position for success:

1. Understand the Process

Research the court process from start to finish. For example, in small claims in England and Wales, the procedure looks mostly like this:

• Pre-action (for example, sending a Letter Before Action), followed by mediation (if the defendant chooses to resolve things without having to go to a tribunal)
• The court claim is submitted online – you can lodge your claim through the Government’s Money Claim portal
• You have disclosed evidence
• Preparation for a court hearing 

2. Organise your Evidence

Gather and arrange your documents, all well labelled, including, for example:

• Contracts or written agreements 
• Emails or messages between the parties (you can use conversations from Messenger)
• Receipts, invoices, or payment proof 
• Images or other supporting evidence 

The court does not want quantity; it is translucence it seeks. Ensure it is all relevant and in order not to confuse the Judge.

3. Know Your Case

Write out a clear summary of:

• What happened
• What you are claiming or defending
• Why do you consider the law to be on your side, with a clear outline supporting each of your arguments
• What are you looking for in terms of an outcome

Practice explaining your case as if you were speaking to someone who knew nothing about the topic.

4. Adhere to the Rules

Pay particular attention to:

• Court directions (orders that must be complied with)
• Time limits (ex. it may specify dates by which you must respond to a claim or produce documents)
• Court etiquette (be polite, respectful and on task).

Common Mistakes Litigants in Person Make (and How to Avoid Them)

Some common pitfalls include:

• Missing Key Deadlines: always check and write down in your calendar the key deadlines regarding your lawsuit.
• Overloading your evidence with irrelevant material: always use evidence that assists with moving the case along.
• Getting too emotional or more argumentative: always respond based on the facts of the situation, and do your best to be calm.
• Ignoring procedure: always remember that being self-representing; we appreciate that, but the Judge won’t treat your case any differently.

Preparation is always your best friend, then comes organisation and clarity.

How CaseCraft.AI Helps Litigants In Person

CaseCraft.AI has been developed specifically for those going through the self-representation process in navigating the court system.

We are able to help you with:

• Reviewing your case to see if it is suitable for small claims
• Drafting a ‘Letter Before Action’ with compliant and professional templates
• Helping you to set out your evidence in an orderly and chronological way
• Drafting claims forms in the proper format and structure for filing
• Helping you comply with deadlines and remain on track in the case you are involved with.

We do not replace lawyers. Our main goal is to simply help you feel reassured and guided through this with the required due diligence.

You Can Do This

Self-representation in court can feel intimidating, but it is entirely possible, and many people successfully go through this every year!

When you have an understanding of your process, come prepared, and have the tools, you will give yourself the best opportunity to present your case!

Ready to Start Your Claim?

If you are involved in a dispute that meets the criteria of the small claims process, CaseCraft.AI can help you take the next step.

Start building your case today, and do it affordably, clearly, and in your own time.