G6.9. Training judges and court staff

181.	As mentioned earlier in this section, an unrepresented litigant in court is sometimes regarded as an unwelcome sight. Save in the most exceptional case, he is likely to find himself at a disadvantage especially where (as usually happens) the other side is represented. However much the judge may wish to help the litigant in the conduct of his case, interventions to this end tend to generate uneasiness for fear of an improper descent into the arena. In such an atmosphere it is difficult for justice to be done or seen to be done.
182.	It is therefore important that all judges should address the management of cases involving litigants in person as part of their continuing training and education. This should aim to promote judges' understanding of the needs of unrepresented litigants and to develop an acceptable and consistent proactive approach to help the litigant present his case. Lord Woolf put it thus :-

		"Courts and judges must be more responsive to the needs of litigants in person ....... In proceedings where litigants appear in person, judges at all levels should adopt a more interventionist approach to hold the ring and ensure the adequate presentation of the litigant's case. This new role will require appropriate training." (Note 136)

183.	Court staff should be given clear guidance on the proper treatment of litigants in person. As recommended by the LRCWA :-

"There should be a manual for court staff, specific guidelines for the judiciary ......, and training for all court personnel, including the judiciary ......, to assist in dealing even-handedly with self-represented litigants and other litigants." (Note 137)

 

Notes

136	WIR p 23, §20.   <back>
137	WAR - Final Report, Recommendation 199.  <back>