‘Litigants in Person in NI: Barriers to Legal Participation’ Report Launch

Representatives from the Bar of Northern Ireland will attend the publication launch of ‘Litigants in Person in Northern Ireland: Barriers to Legal Participation’ on Friday 14 September, a collaborative research project between the School of Law at Ulster University and the Northern Ireland Human Rights Commission, funded by the Nuffield Foundation. This represents the culmination of a research study which the School of Law at Ulster University has been carrying out into the experiences of people who take or defend a civil law case without legal representation since 2016.

The Bar has previously highlighted that our practitioners report having encountered increasing numbers of litigants in person over recent years. We recognise that this issue is a complex one and are keen to understand the methodology employed and conclusions reached by the research team. Litigants in person appear in the courts for a range of different reasons and it will be important for the Bar to consider what the report identifies as the main causes of this based upon the size of the sample and the evidence provided by the individuals contributing to the study.

The Bar believes that it is vital to understand the motivations of those who self-represent given the need to balance their rights and legitimate expectations of suitable assistance with the requirement for a fair, effective and efficient court system which also respects the needs and entitlements of represented parties. We will be examining the report closely to see what has been recommended by way of appropriate and credible solutions for the court system – whether that be through revisions to the scope of legal aid, the publication of more user-friendly guidance, enhanced filtering of unmeritorious cases or training for NICTS staff and legal representatives. We also hope that the report will address the very real issue of legal representatives and other court actors being subject to fear, intimidation and abuse from certain litigants in person.

The Bar will take time to study the recommendations arising from the report after Friday’s launch. The Shadow Civil Justice Council and Shadow Family Justice Board will also be well placed to consider the report in further detail in the coming months. The Bar remains committed to promoting the rule of law and protecting access to justice alongside seeing action which enshrines the vital importance of an independent and properly resourced justice and legal system delivering for all in society.