Representing Yourself in Civil Court: A Litigant in Person's Guide
How to represent yourself as a litigant in person in the civil courts: preparation, support organisations, McKenzie friends and the costs risks if you lose.
Quick answer
You have the right to represent yourself in the civil courts of England and Wales without a solicitor or barrister — you are then a 'litigant in person'. You can still get legal advice alongside self-representing, and practical help is available from Support Through Court volunteers, Advicenow guides, law centres and Citizens Advice. In the hearing you may bring a McKenzie friend to take notes and advise you quietly, but they cannot speak for you or sign documents, and the judge decides whether to allow them. The key financial risk is costs: outside the small claims track the general rule is that the loser pays the winner's costs, while on the small claims track recoverable costs are limited to items like court fees and capped expenses unless a party behaves unreasonably.
ਸੰਖੇਪ ਜਾਣਕਾਰੀ
If you go to court without a solicitor or barrister you are known as a 'litigant in person' — and you have the right to speak for yourself in court without a legal professional. Many people self-represent because they cannot afford representation, others because they prefer to put their own case. The courts apply the same procedural rules to litigants in person as to represented parties, so preparation matters: this guide covers getting advice and support, the help you can have in the hearing room, and the costs risks you take on.
ਇਹ ਪ੍ਰਕਿਰਿਆ ਕੌਣ ਵਰਤ ਸਕਦਾ ਹੈ
- You have the right to speak for yourself in court without a solicitor or other legal professional
- A litigant in person can be an individual, company or organisation going to court without legal representation from a solicitor or barrister
- You can still get legal advice to help with your case even if you represent yourself at hearings
ਕਦਮ-ਦਰ-ਕਦਮ ਪ੍ਰਕਿਰਿਆ
Decide Whether Self-Representation Is Right for You
Be realistic before you commit. Taking a case to court can be stressful, and it can take a lot of time and money — for example, if you lose you may have to pay the other side's costs. Consider whether the dispute could be settled by negotiation or another form of ADR first: litigation should be a last resort, and the court expects parties to have tried to settle the issues without proceedings.
- Work out the realistic value of your claim against the fees, time and costs risk
- A refusal to consider ADR can itself lead to costs consequences later
Get Legal Advice Even Though You Are Self-Representing
Representing yourself does not mean going without advice. You can still get legal advice to help you with your case, even if you choose to represent yourself in court — for example on the strength of your claim, a key document, or a hearing strategy. If cost is the barrier, check whether you qualify for legal aid, and look for free or affordable legal advice through advice agencies.
- Check your eligibility for legal aid before assuming you cannot afford help
- Some solicitors offer unbundled, pay-per-task advice which suits litigants in person
- Citizens Advice can point you to free or affordable legal advice locally
Follow the Pre-Action Steps Before Issuing
The civil courts expect parties to have exchanged information before proceedings start. Your letter before claim should include the basis on which the claim is made, a summary of the facts, what you want from the defendant and, if money, how the amount is calculated. The defendant should reply within 14 days in a straightforward case (up to 3 months in a very complex one), and the parties should disclose key documents relevant to the issues in dispute.
- Keep copies of every letter and note the dates — pre-action conduct is considered when the court decides costs
- Check whether a specific pre-action protocol (for example debt or housing disrepair) applies to your type of dispute
Prepare Your Papers and Evidence
Organise the documents that prove your case early: the contract, correspondence, photographs, invoices — whatever the issues in dispute turn on. In litigation the parties are expected to disclose key documents relevant to the issues in dispute, and if your case is allocated to a track with formal disclosure you may not rely on a document you fail to disclose unless the court gives permission. Work from the court's directions and never miss a filing date.
- Put documents in date order and number the pages so you can find them under pressure
- Draft a chronology — judges find them helpful and they force you to organise the facts
Arrange Practical Support
You do not have to do everything alone. A Support Through Court volunteer can explain how the court works, listen to you and help with paperwork — though they can't give you legal advice. Advicenow publishes plain-English guides to going to court or a tribunal without a lawyer, and law centres, advice centres and pro bono organisations may be able to help with the legal side.
- Contact Support Through Court before your hearing date, not on the day
- Bring any helper up to speed with your papers in advance so hearing time is not wasted
Consider a McKenzie Friend for the Hearing
You can bring a McKenzie friend — someone allowed to assist you in court by taking notes and offering advice. There are firm limits: they cannot speak for you, interfere with proceedings, or sign documents on your behalf, and the judge will decide whether you can have a McKenzie friend with you in court. If you want your companion to address the court for you, the court must approve it.
- Most charity-provided McKenzie friends are free; paid ones exist, but their costs cannot be recovered even if you win
- Choose someone calm who knows your papers — their job is support, not advocacy
Ask for Communication Support if You Need It
If you have difficulty understanding proceedings, you can ask for an intermediary — someone who can advise the court or tribunal how best to communicate with you, rephrase questions for you, and make sure you understand what is happening. You can request this support by email, by post, or at your hearing.
- Raise communication needs with the court as early as possible so arrangements are in place for the hearing
Understand the Costs Rules Before You Fight On
In civil litigation generally, the court has discretion as to costs, but the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party — so losing can mean paying the other side's lawyers. The small claims track is the exception: the court may not order a party to pay the other side's costs, fees and expenses beyond limited items such as fixed issue costs, court fees, travel expenses and capped expert fees — unless a party has behaved unreasonably. The court also weighs each party's conduct, including pre-action conduct, when deciding costs.
- On the small claims track your main exposure is usually court fees and limited expenses, not the other side's solicitor's bill
- Unreasonable behaviour can strip away small claims costs protection — stay proportionate and meet deadlines
ਮਹੱਤਵਪੂਰਨ ਚੇਤਾਵਨੀਆਂ
If you lose, the general rule outside the small claims track is that the unsuccessful party pays the successful party's costs
A McKenzie friend cannot speak for you, interfere with proceedings or sign documents on your behalf — and the judge decides whether one may sit with you
Fees paid to a professional McKenzie friend cannot be recovered from the other side even if you win
Support Through Court volunteers help with practicalities and paperwork but cannot give legal advice
ਲਾਭਦਾਇਕ ਲਿੰਕ
Frequently asked questions
- What is a litigant in person?
- A litigant in person is an individual, company or organisation who goes to court without legal representation from a solicitor or barrister. You have the right to speak for yourself in court without a legal professional, whether that is by choice or because you cannot afford representation.
- Can someone come to court to help me?
- Yes. You can bring a McKenzie friend, who is allowed to assist you by taking notes and offering advice — but they cannot speak for you, interfere with proceedings or sign documents on your behalf, and the judge decides whether you can have one with you. If you want a companion to actually address the court, the court must approve that.
- Will I have to pay the other side's costs if I lose?
- Possibly. The court has discretion as to costs, but the general rule in civil litigation is that the unsuccessful party will be ordered to pay the costs of the successful party. The small claims track is different: the court may not order a party to pay the other side's costs beyond limited items (fixed issue costs, court fees, travel expenses, capped loss of earnings and expert fees) unless a party has behaved unreasonably.
- Can I still get legal advice if I represent myself?
- Yes — you can still get legal advice to help you with your case even if you choose to represent yourself in court. If cost is the concern, check whether you qualify for legal aid, and ask Citizens Advice about free or affordable legal advice.
- What is Support Through Court?
- Support Through Court is a charity whose volunteers can explain how the court works, listen to you and help with paperwork. They cannot give you legal advice, so pair their practical support with legal advice from an advice agency or solicitor where you can.
- What if I have difficulty understanding what is happening in court?
- You can ask for an intermediary — someone who can advise the court or tribunal how best to communicate with you, rephrase questions for you and make sure you understand what is happening. Request this support from the court by email, by post, or at your hearing, ideally well in advance.
Part of our Debt and Civil Claims hub
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