What Does It Mean to Be a Litigant in Person?
A litigant in person is someone who represents themselves in court proceedings without a solicitor or barrister. In England and Wales, this is an established legal right — and an increasingly common one. According to the Ministry of Justice, the majority of parties in small claims track cases now represent themselves.
If you are considering bringing or defending a claim without legal representation, the first thing to understand is this: the court system was designed to be accessible to everyone. The Civil Procedure Rules, the court forms, and the online filing systems are all publicly available and free to use.
The challenge is not access. It is preparation.
The Reality of Self-Representation
Representing yourself in court is not easy. It requires an understanding of court procedures, deadlines, and the expectations of judges. However, it is entirely achievable with the right preparation.
The courts recognise that litigants in person may not have formal legal training. Judges are expected to ensure that unrepresented parties have a fair opportunity to present their case. This principle is enshrined in the overriding objective of the Civil Procedure Rules (CPR Part 1.1), which requires the court to deal with cases justly and at proportionate cost.
In practice, this means:
- Judges will explain procedure where reasonably necessary
- Court staff can provide guidance on administrative matters (though they cannot give legal advice)
- The rules apply equally to all parties, whether represented or not
This last point is crucial. The Civil Procedure Rules protect you just as much as they protect the other side. Every deadline, every requirement for disclosure, every obligation to file evidence — these are guardrails that ensure fairness.
What You Need to Know Before You Start
1. Understand Your Claim
Before filing anything, be clear about three things:
- What happened? — The facts of your dispute, set out chronologically
- What law applies? — Is this a breach of contract, a debt, a negligence claim, or something else?
- What do you want? — A specific sum of money, the return of goods, or another remedy the court can order
2. Gather Your Evidence
Courts decide cases on evidence, not emotion. Start collecting:
- Contracts, agreements, or terms and conditions
- Correspondence (emails, letters, text messages)
- Invoices, receipts, or bank statements
- Photographs or other records
- Any expert reports or professional opinions
3. Know Your Court
Most money claims under £100,000 can be filed online through the Online Civil Money Claims service (OCMC). Claims are allocated to one of three tracks:
| Track | Claim Value | Typical Hearing |
|---|---|---|
| Small Claims | Up to £10,000 | Informal, costs-limited |
| Fast Track | £10,001 – £25,000 | One-day trial |
| Multi-Track | Over £25,000 | Complex, multi-day |
4. Respect the Timeline
Court proceedings operate on strict deadlines. Missing a deadline can result in your claim being struck out or a judgment being entered against you. Key deadlines include:
- 14 days to acknowledge service after receiving a claim
- 28 days to file a defence (extendable by agreement)
- Various dates set by the court for filing evidence, witness statements, and trial bundles
A diary system is essential. Mark every deadline the moment you receive it.
The Path Forward
This is the first article in a 21-part series covering the entire litigation journey — from filing a claim to enforcing a judgment. Each article is designed to give you practical, procedural knowledge that you can apply to your own case.
The series covers:
- Filing a claim through the OCMC
- What happens when the other side responds
- Default judgment when they don’t
- Preparing evidence bundles and witness statements
- Costs, fees, and help with court fees
- Settlement strategy including Part 36 offers
- Enforcement options when you win
Every article is written with the court’s expectations in mind. The goal is not to create adversarial litigants — it is to help you prepare your case to the standard the court requires.
Well-prepared litigants in person assist the administration of justice. Poorly prepared ones delay it. This series exists to help you be the former.
Frequently Asked Questions
Can I represent myself in court in England? Yes. Any individual has the right to represent themselves in civil proceedings in England and Wales. This applies to all tracks of the county court and, with some procedural differences, in the High Court.
Do I need permission to be a litigant in person? No permission is required. You simply conduct your case without instructing a solicitor or barrister. You may also receive assistance from a McKenzie Friend, who can sit with you in court and offer quiet advice.
Is it harder to win as a litigant in person? Cases are decided on their merits and the evidence presented. A well-prepared litigant in person with strong evidence is in a stronger position than a poorly prepared one with legal representation. Preparation is the decisive factor.
Where do I file a money claim? Most money claims in England and Wales can be filed online through the Online Civil Money Claims service. The court fee depends on the value of your claim.
Next in the series: Do You Actually Have a Claim? — the essential first question every prospective litigant should answer before filing.
This is Part 1 of 21 in the eLitigant Court Guide series. Visit our blog for the complete collection.