Funder: Nuffield Foundation
Awarded: £221,642
Duration: 2016–2018
Staff involved: Gráinne McKeever, Lucy Royal-Dawson, John McCord, Eleanor Kirk
Description:
Research shows that parties to legal cases who are not legally represented commonly experience difficulties accessing justice and that courts encounter problems addressing the adversarial deficit. These issues have become increasingly salient following reduced access to publicly funded legal aid.
In the first study of its kind in Northern Ireland, researchers explored the experience of those who take or defend civil and family law cases without legal representation.
The research revealed there are a number of reasons why an individual would represent themselves in court. The main reasons were financial, especially for those who were not eligible for legal aid, and because the cost of legal representation was seen to be too high. Some individuals chose to represent themselves because of a negative experience of legal representation in the past or because they felt it was something they could do themselves.
The research identified a significant lack of public information and advice on the practical, procedural and legal issues relating to court proceedings. Many litigants in person faced problems with completing and submitting the appropriate paperwork, as well as understanding the legal arguments in their case.
Overall, the research concludes that LIPs face barriers in being able to participate in their court hearings that put their right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR) at risk.
These barriers are defined as:
- Intellectual — these relate to the limits of knowledge and understanding of legal issues by LIPs, regardless of their efforts to prepare;
- Practical – these concern the difficulties LIPs face in obtaining information, advice and resources;
- Emotional – these describe the negative emotions and high levels of anxiety that LIPs experience in the litigation process;
- Attitudinal – these reflect unrealistic expectations that LIPs can fit into the court system without any system adjustments required.
The research team also worked with the NI Human Rights Commission to trial an innovative procedural advice clinic for individuals representing themselves in matrimonial or family law cases. Procedural advice is neutral advice or information that is intended to inform a person’s decision. It helps the person think through their options and decide for themselves the best approach to their case. This is different from legal advice which looks at the merits of the person’s case and suggests a legal strategy. This was positive in providing guidance, instilling confidence and providing empathy but there were limits to how effective the support was when court proceedings developed in a way the LIP had not anticipated.
All of the research outputs from this project and related work are available on the Litigants in Person project website.