The Day Everything Changed: A Litigant in Person’s Guide to Getting Started

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In short: A litigant in person is someone who represents themselves in civil court in England and Wales without a solicitor or barrister — an established legal right, and now the norm in most small claims cases. Getting started means understanding your claim, gathering your evidence, knowing your court and respecting the timeline, because cases are decided on evidence and judges expect proper preparation. eLitigant drafts your court documents from your own information — or checks the draft you’ve written — for £30.

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 claims of any value (no upper limit) 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

What is 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 the majority of parties in small claims track cases now represent themselves.

Do I need permission or legal training to represent myself?

No permission is required and you do not need formal legal training. The court system was designed to be accessible — the Civil Procedure Rules, the court forms and the online filing systems are publicly available and free to use. Judges are expected to ensure unrepresented parties have a fair opportunity to present their case.

What should I do before I start?

Be clear on three things: what happened (the facts, set out chronologically), what law applies (for example breach of contract, a debt, or negligence) and what you want (a specific sum, the return of goods, or another remedy). Then gather your evidence — contracts, correspondence, invoices, photographs and any expert reports — because courts decide cases on evidence, not emotion.

Where do I file a money claim and how is it allocated?

Most money claims can be filed online through the Online Civil Money Claims service (OCMC). Claims are then allocated to one of three tracks — Small Claims, Fast Track or Multi-Track — depending on value and complexity. The court fee depends on the value of your claim, so check the current HMCTS figure for your situation.

Why do deadlines matter so much?

Court proceedings operate on strict deadlines, and missing one can result in your claim being struck out or judgment being entered against you. Mark every date the moment you receive it — a diary system is essential. The deadlines apply equally to both sides and are guardrails that protect you as much as the other party.

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 party with representation — preparation is the decisive factor.

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Related guides: N244 application notice guide · N9 response pack (acknowledgment & defence) · All civil court forms

eLitigant CIC (No. 16566612) — a community interest company. Not a law firm; you remain the litigant in person. eLitigant prepares court-ready documents from your own information; it does not give legal advice and no outcome is guaranteed. Always check the current HMCTS form and fee before filing.

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