When the Other Side Has a Solicitor
One of the most common concerns for litigants in person is the prospect of facing an opponent who has engaged a solicitor — and possibly counsel. The other side arrives with legal representation, professional experience, and familiarity with court procedure. You arrive with your case file and your convictions.
This is a reality faced by thousands of litigants in person every year in the courts of England and Wales. And while no guide can replicate years of legal training, the truth is that the single most important factor in how a case is received by the court is the quality of preparation. A well-prepared litigant in person, with an organised bundle, a clear chronology, and a solid understanding of the relevant rules, is a formidable party in any proceedings.
The court’s duty to litigants in person is clear. CPR 3.1A requires the court to have regard to the fact that a party is unrepresented, and to adopt procedures that further the overriding objective of dealing with cases justly and at proportionate cost. Judges routinely assist litigants in person by explaining procedure, allowing reasonable latitude in how submissions are made, and ensuring that both parties are heard fairly.
None of this means the court will decide the case in your favour because you are unrepresented. It means the court will ensure you have a fair opportunity to present your case. What you do with that opportunity depends on how well you prepare.
Understanding the Professional’s Approach
Solicitors and barristers follow a structured approach to litigation. Understanding that structure helps you anticipate what to expect and prepare accordingly.
How Legal Representatives Prepare
| Stage | What They Do | What You Should Do |
|---|---|---|
| Case analysis | Identify the legal issues, strengths, and weaknesses | Write a clear summary of your case, identifying the key facts and the legal basis for your claim or defence |
| Evidence gathering | Collect witness statements, documents, expert reports | Organise your evidence chronologically, ensure witness statements comply with CPR Part 32 requirements |
| Bundle preparation | Compile an indexed, paginated court bundle | Prepare your own bundle to the same standard — indexed, paginated, with only relevant documents |
| Legal research | Review relevant case law and statutory provisions | Identify the specific CPR rules and any statutory provisions that apply to your case |
| Skeleton argument | Draft written submissions for the judge | Prepare your own skeleton argument — concise, structured, with references to the bundle |
| Advocacy | Present oral submissions at the hearing | Practise your key points aloud before the hearing, focus on being clear and concise |
The point is not that you must match a solicitor’s training. It is that the work they do follows a logical sequence that any person can follow with sufficient care and attention.
The Practical Advantages You Hold
While legal representation carries obvious benefits, litigants in person hold advantages that are less obvious but no less real:
You know your case better than anyone. A solicitor is briefed on the case; you lived it. You know the facts, the timeline, and the context in a way that no professional summary can fully capture. The challenge is translating that knowledge into the structured format the court requires.
You have no commercial time pressure. A solicitor billing by the hour faces economic constraints on how much time they can spend on any individual matter. You can take as long as you need to prepare thoroughly. Use this advantage.
Judges make allowances. CPR 3.1A is not merely guidance — it is a rule. The court actively assists unrepresented parties by explaining procedure, offering latitude in how submissions are presented, and ensuring that procedural technicalities do not prevent a fair hearing. This does not mean the court will ignore the rules on your behalf, but it does mean the court will help you engage with the rules properly.
Your sincerity can be your greatest asset. Judges are experienced at distinguishing between parties who are genuinely seeking to resolve a dispute and those who are conducting litigation tactically. A litigant in person who is honest, well-prepared, and courteous makes a strong impression.
Preparing Your Case
Step 1: Master the Procedural Rules
You do not need to memorise the entire Civil Procedure Rules. You need to know the specific rules that apply to your case and your current stage of proceedings. The most commonly relevant parts are:
- CPR Part 1 — the overriding objective (dealing with cases justly and at proportionate cost)
- CPR Part 3 — case management, including 3.1A (the court’s duty to unrepresented parties)
- CPR Part 16 — statements of case (how to draft particulars of claim and defences)
- CPR Part 22 — statements of truth
- CPR Part 27, 28, or 29 — depending on which track your case is allocated to (small claims, fast track, or multi-track)
- CPR Part 32 — evidence, including witness statement requirements
- CPR Part 36 — offers to settle
The CPR is available free online. Read the specific parts relevant to your hearing, and note the rule numbers so you can cite them in your submissions.
Step 2: Prepare a Court Bundle
The court bundle is the single most important physical document in your case. It contains everything the judge needs to decide the issue before them. A well-prepared bundle demonstrates competence and respect for the court’s time.
Bundle requirements:
- Paginated — every page numbered sequentially throughout
- Indexed — a front page listing each document with its page reference
- Chronological — documents in date order, oldest first
- Relevant — include only documents that are directly relevant to the hearing. An oversized bundle filled with peripheral material is counterproductive
- Three copies — one for the judge, one for the other party, one for you
Step 3: Draft a Skeleton Argument
A skeleton argument is a short written document (typically 2-5 pages) setting out:
- The issue(s) before the court — what is being decided at this hearing
- Your position on each issue — what you are asking the court to do
- The key facts — a brief summary of the relevant facts, with references to the bundle
- The legal basis — the CPR rules, statutory provisions, or legal principles that support your position
- The order sought — the specific order you are asking the judge to make
File the skeleton argument with the court and serve it on the other party in advance of the hearing, in accordance with any directions the court has given. If no specific direction has been made, filing 2-3 days before the hearing is appropriate.
Step 4: Anticipate the Other Side’s Arguments
Read the other party’s statements of case, witness evidence, and any correspondence carefully. Identify the points they are likely to raise at the hearing and prepare your response to each one. If there are weaknesses in your case, acknowledge them honestly and explain why they do not undermine your overall position.
The worst thing you can do is be surprised by an argument at the hearing. If you have read the other side’s documents thoroughly, there should be no surprises.
Step 5: Practise Your Submissions
Before the hearing, practise making your key submissions aloud. Time yourself. Aim for clarity and brevity. The judge has read your skeleton argument and the bundle — you do not need to repeat everything. Focus on the points that matter most, and trust that the judge will read the documents.
For guidance on courtroom conduct and how to address the judge, see our guide on court hearing etiquette.
At the Hearing
Professional Conduct
Treat the other party’s solicitor and counsel with courtesy. They are professionals performing their role, just as you are performing yours. Address them respectfully in the courtroom, and if they approach you before the hearing to discuss procedural matters or potential settlement, engage constructively.
Many cases settle at the door of the court. A solicitor who proposes a settlement is not necessarily trying to take advantage of you — they may be recognising that their client’s position has weaknesses, and a negotiated outcome avoids the uncertainty of a judicial decision. Consider any offer on its merits.
When the Other Side Cites Case Law
Legal representatives may refer to case law in their submissions. If a case is cited that you are unfamiliar with, you are entitled to ask the judge for a moment to read the relevant passage, or to note it down and address it in your reply. You can also ask the court to provide you with a copy of the judgment if one is available.
You are not expected to have a comprehensive knowledge of case law. What matters is whether you can address the legal principle being invoked and explain why it does or does not apply to your facts.
If Things Go Against You
Not every hearing will go in your favour. If the judge makes a decision you disagree with, accept it with grace in the courtroom. You have the right to appeal if you believe the decision was wrong in law, and the time for that is after the hearing, not during it. Arguing with a judge about a decision they have just made is counterproductive and will not change the outcome.
The Overriding Objective Works for Everyone
The overriding objective under CPR Part 1 requires the court to deal with cases justly and at proportionate cost. This includes ensuring that the parties are on an equal footing, saving expense, dealing with the case proportionately, and allotting an appropriate share of the court’s resources.
These principles apply equally to represented and unrepresented parties. A well-prepared litigant in person, conducting proceedings properly and engaging honestly with the court, is exercising their right of access to justice in the manner the system is designed to accommodate.
Preparation is the foundation of that access. For step-by-step guidance on preparing court documents and navigating civil procedure, visit the eLitigant services page.
Frequently Asked Questions
Will the judge treat me differently because I am a litigant in person? The court has a duty under CPR 3.1A to have regard to the fact that you are unrepresented. In practice, this means the judge may explain procedural steps, allow you reasonable latitude in how you present your case, and ensure you understand what is happening. However, the court will not lower the standard of evidence required or decide the case in your favour simply because you do not have a solicitor. The substance of your case and the quality of your preparation remain the determining factors.
Can I ask the judge to explain legal terms I do not understand? Yes. Judges expect litigants in person to be unfamiliar with some legal terminology and procedural conventions. If you do not understand a term, a reference, or a procedural step, it is entirely proper to say so. The judge will explain. This is far better than proceeding on a misunderstanding, which could prejudice your case.
Should I try to settle before the hearing? Settlement should always be considered if the terms are reasonable. The court actively encourages parties to resolve disputes without a hearing wherever possible, and CPR Part 36 provides a formal mechanism for settlement offers that carries costs consequences. If the other side proposes a settlement, consider it carefully on its merits. Rejecting a reasonable offer can have financial consequences if the court’s eventual decision is less favourable than the offer you refused.
What if I cannot afford to prepare a proper bundle or skeleton argument? Court bundles can be prepared at home with a printer, a hole punch, and a lever arch file. The materials cost very little. A skeleton argument is a word-processed document — it does not need to be professionally typeset. The court does not expect litigants in person to match the production quality of a law firm. What matters is that the content is accurate, relevant, and clearly presented. If you have access to a computer and a printer, you have the tools you need.
Next in the series: Claims Against Public Bodies: What to Expect When Litigating Against the NHS — the procedural requirements, pre-action protocols, and practical realities of bringing a claim against a public body.
This is Part 17 of 21 in the eLitigant Court Guide series. Visit our blog for the complete collection.