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Going it alone in Court?

There have been a number of new stories from the UK recently, all noting a sharp rise in self-litigants in the UK Court system. Self-litigants are people representing themselves in Court, without a lawyer. This is causing a number of problems. Perhaps the biggest are unrepresented litigants not receiving fair outcomes and the long delays – both of which are caused to some extent by the self-litigants not fully understanding the judicial system

There is no statistical data in New Zealand yet. However, I can say that personally I am seeing an increase in self-litigants, in all areas of law, but perhaps most of all in family law.

We appreciate that the cost of litigation is expensive but that does need to be balanced against the outcomes being achieved. A party who is successful in Court will usually receive a contribution of their costs from the other side, meaning if you take (or defend) a case properly, and the just outcome is obtained, you will usually not have to meet the bill yourself.

The Rules of Court are extremely procedural. Litigants can be caught at every step of the way. When you are going through the system you not only need the guidance of somebody who is familiar with these procedural rules, but also somebody who knows the Court staff in your local area. It is with this personal knowledge that your case will be able to be driven forward.

If you are considering taking Court proceedings, or if you need to defend Court proceedings, we recommend you come and talk to us first, to consider your options. Information on our Court advisors can be found at www.lawnorth.co.nz

• Posted By: Graham Day on Wed, 17th Dec 2014 @ 14:55:34

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