Litigant in person

A litigant in person is a party to court proceedings who conducts their own case without a solicitor or barrister. The Equal Treatment Bench Book describes it as “the term used in courts and tribunals to describe individuals who exercise their right to conduct legal proceedings on their own behalf”.[1] In England and Wales every adult with capacity has that right; GOV.UK states: “You have the right to speak for yourself in court without a solicitor or other legal professional.”[2] The Family Procedure Rules require the court to deal with cases justly, which includes “ensuring that the parties are on an equal footing”, and the judiciary publishes guidance on how judges should adapt hearings so that unrepresented parties are not disadvantaged.[3][1]

Litigants in person are the norm rather than the exception in private family proceedings. In January to March 2026, 49 per cent of private law children cases were disposed of with neither party legally represented, up three percentage points on a year earlier, and only 13 per cent with both parties represented.[4] The principal cause is the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which removed most private family law from the scope of legal aid from 1 April 2013 except where a party can produce evidence of domestic abuse or child abuse.[5][6] A litigant in person may be accompanied by a McKenzie Friend, may recover limited costs if successful, and may obtain free help from a number of charities, but is expected to comply with the same rules and practice directions as a represented party.[7][8][9]

Written by Jess Knauf, Director of Client Strategy at Mediate UK and Associate Member of Resolution. Reviewed by Belinda Atkins, Managing Director of Mediate UK. Last reviewed 6 September 2026; last updated 6 September 2026; next scheduled review March 2027.

Definition

The term has no single statutory definition in family law. In the Family Court it is used, as HM Courts and Tribunals Service’s guide for separated parents puts it, for a party who does “not have a lawyer” and who “will have to speak for yourself in court”.[10] For costs purposes the Civil Procedure Rules, which apply to family costs with modifications, treat as a litigant in person a company or other corporation acting without a legal representative and, with limited exceptions, a barrister, solicitor or other lawyer acting for themselves.[11] A party who has a McKenzie Friend, or who has paid a solicitor for advice or drafting on an unbundled basis, remains a litigant in person, since no one is on the record as acting for them.[7]

The Equal Treatment Bench Book distinguishes litigants in person from lay representatives, who are non-lawyers permitted in some tribunals to speak for a party, and notes that the number of litigants in person “has risen significantly in recent years and is likely to continue doing so due to financial constraints and the consequences of Legal Aid reforms”.[1] Judges and court staff sometimes use “self-represented” or “unrepresented” party; the meaning is the same.

The right to conduct one’s own case is older than the modern regulation of lawyers and is preserved by it. The Legal Services Act 2007 makes rights of audience and the conduct of litigation reserved legal activities, but Schedule 3 exempts a person who is “a party to those proceedings, and would have a right of audience” (paragraph 1(6)), or a right to conduct the litigation (paragraph 2(4)), “if this Act had not been passed”.[12] The Bench Book states the principle directly: “Everybody of full age and capacity is entitled to be heard in person by any court or tribunal in which that person is a party.”[1]

In family proceedings the right operates within the overriding objective in rule 1.1 of the Family Procedure Rules 2010, which requires the court to deal with cases justly, “having regard to any welfare issues involved”, and lists among the elements of dealing with a case justly “ensuring that the parties are on an equal footing” and “dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues”.[3] A person who lacks capacity to conduct proceedings cannot act in person and must act through a litigation friend; a child who is a party is likewise represented, ordinarily by a children’s guardian.

Statistics

The Ministry of Justice records legal representation in its Family Court Statistics Quarterly. For January to March 2026, published on 25 June 2026, it reports that in private law children cases “the proportion of disposals where neither the applicant nor respondent had legal representation was 49%, up 3 percentage points from January to March 2025”, and that “the proportion of cases where both parties had legal representation was 13% in January to March 2026, down 1 percentage point compared to the same period in 2025”.[4] The bulletin adds that “the implementation of the LASPO Act led to a shift in the proportion of private law cases involving legal representation” and that the proportions have more recently been relatively stable.[4]

Published figures on representation in the family courts of England and Wales
MeasureFigureSource and period
Private law children disposals with neither party represented49 per centFamily Court Statistics Quarterly, January to March 2026[4]
Private law children disposals with both parties represented13 per centAs above[4]
Change in the neither-represented proportionUp 3 percentage points on January to March 2025As above[4]
Private law cases started15,534, up 16 per cent on a year earlierAs above[4]
Average time to disposal, private law35 weeks, down 5 weeks on a year earlierAs above[4]
Range of representation across case typesFrom around 85 per cent of parties in public law to 3 per cent in adoptionAs above, cases with at least one hearing[4]
Increase in family cases with neither party represented in the year after April 201330 per centNational Audit Office, November 2014[13]
Estimated additional annual cost to HMCTS of unrepresented partiesAt least £3 millionNational Audit Office, November 2014[13]

The statistics also show that representation affects duration: the Ministry of Justice notes that cases in which both parties, or the respondent only, were represented “took longer to be disposed of” than cases in which only the applicant was represented or neither party was.[4] The reasons are contested; represented cases are on average more complex, and unrepresented cases may settle at the first hearing or be less fully argued.

Causes: LASPO and the cost of representation

Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on 1 April 2013 and reversed the previous position under which civil legal aid was available unless excluded. Schedule 1 lists the only matters that remain in scope. For private family law the relevant entries are paragraph 12, “Victims of domestic abuse and family matters”, which brings a family matter into scope where the applicant has been, or is at risk of being, the victim of domestic abuse by the other party, a parallel provision for the protection of children, and the entry for family mediation.[5] GOV.UK summarises the result: legal aid may be available for “needing advice on finances, children or divorce if you’ve been in an abusive relationship” and for “protecting yourself or a child from abuse or harassment”, and for “family mediation”.[14]

The National Audit Office reported in November 2014 that in the year after the reforms family court cases in which neither party was represented rose by 30 per cent, at an estimated additional cost to HM Courts and Tribunals Service of at least £3 million a year, against an intended long-run saving of £300 million a year in civil legal aid.[13] The Bench Book attributes the rise in litigants in person to “financial constraints and the consequences of Legal Aid reforms” and notes that many people do not qualify for public funding financially and “some cannot afford a solicitor”.[1] People whose income or capital exceeds the legal aid limits, or who cannot produce gateway evidence, must pay privately or act for themselves.

Not every litigant in person is one by necessity. Some choose to act for themselves because the issues are limited, because they have had unsatisfactory experience of lawyers, or because they expect the court to resolve the matter at the first hearing. HMCTS guidance tells parents that the court understands that many people cannot afford a lawyer and will not regard self-representation as unusual.[10]

Rights and protections

A litigant in person has the same rights as any party: to be served with the application and evidence, to file evidence, to be heard, to question witnesses, to ask for directions and to appeal. In addition: the court must adapt its procedure so that the party is on an equal footing (FPR rule 1.1);[3] the party may be accompanied by a McKenzie Friend, and there is a strong presumption in favour of allowing one;[7] a litigant in person who is ordered costs may recover sums for time spent and expenses under the Litigants in Person (Costs and Expenses) Act 1975;[8] and if the party is a victim of domestic abuse the court must assume that their participation and evidence are likely to be diminished and consider participation directions.[15]

Participation directions and vulnerable parties

Part 3A of the Family Procedure Rules requires the court to consider whether a party’s participation in the proceedings, or the quality of their evidence, “is likely to be diminished by reason of vulnerability” and, if so, whether to make participation directions.[15] Rule 3A.2A provides that where a party or witness is, or is at risk of being, a victim of domestic abuse carried out by another party, the court must assume that their participation and evidence are diminished unless they say otherwise.[15] The measures available under rule 3A.8 include screens or separate waiting areas so that one party does not see the other, evidence by live link, and the assistance of an intermediary.[15] GOV.UK confirms that an intermediary can be provided to help a litigant in person understand and be understood at a hearing.[2]

The prohibition on cross-examination in person

Since 21 July 2022 a litigant in person has been prohibited from cross-examining in person an alleged victim in defined circumstances. Section 31R of the Matrimonial and Family Proceedings Act 1984, inserted by section 65 of the Domestic Abuse Act 2021, provides that no party who has been convicted of, cautioned for or charged with a specified offence against a witness may cross-examine that witness in person, and the following sections extend the prohibition to cases where a protective injunction is in force and give the court a discretion in other cases.[16] Where the prohibition applies and the party has no lawyer, the court may appoint a qualified legal representative, paid from central funds, to conduct the cross-examination on the party’s behalf. The Bench Book notes that in such cases “an LIP is prohibited from cross-examining an alleged victim”.[1] See fact-finding hearing.

Costs recoverable by a litigant in person

The Litigants in Person (Costs and Expenses) Act 1975 allows a court to award a litigant in person “sums in respect of any work done, and any expenses and losses incurred” in the proceedings.[8] The detail is in CPR rule 46.5, applied to family proceedings by FPR Part 28: the amount allowed for time may not exceed two-thirds of what would have been allowed had the party been represented, and where the party cannot prove financial loss the rate is that set in Practice Direction 46, currently £19 an hour.[11] In family proceedings costs orders are the exception in children cases and financial remedy cases alike, so the practical value of the rule is limited. Court fees may be reduced or remitted for people on low incomes through Help with Fees, applied for online or on form EX160; in 2026 the income limit for a single person with no children is £1,420 a month and savings must ordinarily be below £4,250 for fees under £1,420.[17] See family court fees.

Duties and expectations

The rules do not provide a lighter procedure for unrepresented parties. A litigant in person must comply with the Family Procedure Rules, practice directions and court orders, file and serve documents in time, verify statements by a statement of truth, and attend hearings. Practice Direction 27A, in force from 2 March 2026, illustrates the balance the rules strike: the default is that the applicant prepares the court bundle, but “where an applicant is a litigant in person but a respondent is legally represented” the represented respondent must do so, and only where all parties are unrepresented and none is able to prepare a bundle may the court direct HM Courts and Tribunals Service to prepare one.[9] The same Practice Direction requires that if a party cites an authority “a copy of, or link to, it must be provided in advance of a hearing to any litigant in person”, and limits a position statement in children cases to three pages.[9] A guide to preparing bundles written for litigants in person was issued by the President’s office on the same day.[18]

Lawyers on the other side owe duties too. Guidelines issued jointly by the Law Society, the Bar Council and CILEx in June 2015 address “the relationship between the client’s interest and the interests of the administration of justice”, what assistance a lawyer may properly give an opponent in person, and how to deal with McKenzie Friends.[19] A lawyer must not mislead a litigant in person or take unfair advantage of their inexperience, but is not obliged to advise them.

HMCTS guidance for parents describes the practical expectations at a hearing: to call the judge, legal adviser or magistrates “sir” or “madam”, to bring “a pen and paper and any court papers”, to prepare, and to remain composed.[10] Practical accounts of what a self-represented party can expect at a first hearing, including arrival times, the role of the usher and the length of hearings, are published by organisations such as Advicenow and by McKenzie Friend Services, an information site operated by Family Legal Ltd, the publisher of this wiki.[20][21]

The Equal Treatment Bench Book

The Equal Treatment Bench Book is the Judicial College’s guidance for judges on ensuring fair treatment of everyone who comes before the courts. Its current edition is dated July 2024 and was last updated in February 2026.[22][1] Chapter 1, “Litigants in person and lay representatives”, is the principal statement of how judges are expected to conduct hearings involving unrepresented parties.

The chapter starts from the position that “the problem lies with a system which has not developed with a focus on unrepresented litigants” and that judges “are enabled and empowered to adapt the system” to them.[1] It states the governing principle: people who have difficulty with the language or procedures of the court “are entitled to justice in the same way as those who know how to use the legal system to their advantage”, and “any disadvantage that a person faces in society should not be reinforced by the legal system”.[1] It lists the difficulties litigants in person commonly face, including being “unfamiliar with the language and specialist vocabulary of legal proceedings” and lacking “objectivity and emotional distance from their case”.[1]

Practically, the Bench Book advises that “basic conventions and rules need to be stated at the start of a hearing by the judge”, including introducing those present, explaining their roles, how the judge should be addressed, and “the procedure and timing of the day”.[1] Judges “may need to assist the LIP in ways that would not be appropriate if a party was represented”, for example by exercising “considerable patience” and by helping with cross-examination rather than holding a failure to cross-examine against the party later, while avoiding dialogue that suggests a preliminary view and remaining fair to both sides.[1] A separate passage deals with McKenzie Friends.[1]

McKenzie Friends

A McKenzie Friend is a person who accompanies a litigant in person in court to help them. Under the Practice Guidance issued by the Master of the Rolls and the President of the Family Division on 12 July 2010, a McKenzie Friend may “provide moral support for litigants; take notes; help with case papers; quietly give advice on any aspect of the conduct of the case”, but may not “act as the litigants’ agent in relation to the proceedings; manage litigants’ cases outside court; address the court, make oral submissions or examine witnesses”.[7] There is “a strong” presumption in favour of allowing one, including at hearings in private, and the court may only refuse where the interests of justice and fairness require it.[7]

A McKenzie Friend may be granted a right of audience, that is permission to speak for the party, but the Guidance states that this “will only be granted in exceptional circumstances”, since Parliament has reserved rights of audience to regulated lawyers.[7] A litigant may lawfully pay a McKenzie Friend for reasonable assistance, and where a right of audience has been granted the fee may be recoverable as a disbursement.[7] HMCTS guidance describes the role in plain terms: “Anyone who comes to court to help you in any of these ways is called a ‘McKenzie friend'”, adding that they cannot speak to the court or sign documents for the party.[10][2] The role, its history and the regulatory debate around paid McKenzie Friends are covered on Family Law Wiki; a practical account of using one in the family court is on McKenzie Friend Services (Family Legal Ltd).[21]

Support organisations

Several charities give free help to people appearing without a lawyer. None gives legal advice in the regulated sense except Advocate and the law centres.

Free sources of help for litigants in person in family proceedings
OrganisationWhat it providesNotes
Support Through CourtVolunteers who “listen to your story, help you to problem-solve and decide next steps, source reliable legal information, explain complex procedures, complete court forms” and prepare people to speak in court, at courts across England and Wales and remotelyRegistered charity 1090781; does not give legal advice; reports a cost of £32 per person supported[23]
AdvocateFree representation and advice from volunteer barristers for people who cannot afford a lawyer and cannot get legal aid“The pro bono charity of the Bar”, founded 1996, with around 5,000 barristers on its panel; registered charity 1057620[24]
Citizens AdviceInformation and advice on ending a relationship, arrangements for children, child maintenance, domestic abuse and “help with legal fees when you separate”Local offices and online guidance[25]
Law centresNot-for-profit legal practices giving free legal advice and representation to people who cannot afford it, in the areas of law each centre coversSupported by the Law Centres Network, registered charity 1088588[26]
AdvicenowStep-by-step guides and a film on representing yourself in the family court, applying for a child arrangements order or a financial order without a lawyer, and help with court feesRegistered charity 1143589, formerly Law for Life[20][27]
Civil Legal Advice and legal aid solicitorsAdvice and representation where a legal aid gateway is met and the means test is passedSee funding below[14]

HMCTS leaflet CB1 tells applicants that “a layperson or friend, sometimes called a McKenzie friend, may be able to help you in court”, and directs them to solicitors, law centres, legal advice centres and Citizens Advice to find out whether they qualify for help.[28]

Funding and partial representation

Legal aid for a solicitor in private family law is available only where two conditions are met. The first is a gateway: evidence that the applicant, or a child, has been or is at risk of being a victim of domestic abuse by the other party, or evidence of child abuse or child protection concerns.[5][6] GOV.UK states: “You’ll usually need to provide evidence to show that you or your children have experienced domestic abuse”, and lists the courts, the police, health professionals, refuge managers, domestic abuse support services, social services and multi-agency risk assessment conferences among the sources of evidence.[6] The second is the means test. From 6 April 2026 the limits are gross income of £2,657 a month, disposable income of £733 a month and disposable capital of £8,000, with allowances for a partner and dependent children.[29][30] Both conditions are explained, with the evidence list, on Legal Aid 60, an information site operated by Family Legal Ltd, the publisher of this wiki.[31]

Legal aid for family mediation is separate and is means-tested only; no evidence gateway applies. A litigant in person who cannot obtain legal aid for a solicitor may therefore still be eligible for funded mediation, which the court may encourage under Part 3 of the Rules; see non-court dispute resolution and legal aid.[14]

Unbundled and fixed-fee help

Between full representation and none lies unbundled or “pay as you go” help: a solicitor or barrister advises on a specific point, drafts a statement or attends a single hearing, while the party remains a litigant in person on the record. Direct access to barristers, fixed-fee advice sessions and document-drafting services all fall within this description. The model and its limits are described on unbundled legal services. Paid McKenzie Friends and paralegal drafting services occupy the same space but are unregulated, and a person using them has no recourse to the Solicitors Regulation Authority or the Legal Ombudsman.

History

Development of the position of litigants in person in England and Wales
DateDevelopment
1970McKenzie v McKenzie: the Court of Appeal held that a litigant in person is entitled to reasonable assistance from a friend in court, giving the McKenzie Friend its name[7]
1975The Litigants in Person (Costs and Expenses) Act 1975 allowed courts to award litigants in person sums for work done and expenses incurred[8]
2007The Legal Services Act 2007 made rights of audience and the conduct of litigation reserved activities while exempting parties acting for themselves[12]
12 July 2010The Master of the Rolls and the President of the Family Division issued the current Practice Guidance on McKenzie Friends[7]
1 April 2013LASPO removed most private family law from legal aid; the proportion of unrepresented parties in family cases rose sharply in the following year[5][13]
4 June 2015The Law Society, Bar Council and CILEx issued joint guidelines for lawyers dealing with litigants in person[19]
21 July 2022The prohibition on cross-examination in person in domestic abuse cases, with court-appointed qualified legal representatives, came into force[16]
2 March 2026The new Practice Direction 27A allocated bundle preparation to a represented respondent where the applicant is in person, and the President’s office issued a bundle guide for litigants in person[9][18]
25 June 2026Family Court Statistics Quarterly reported 49 per cent of private law disposals with neither party represented[4]

Criticism and debate

The rise in litigants in person since 2013 has been criticised on three grounds. The first is fairness: the Bench Book acknowledges that the system “has not developed with a focus on unrepresented litigants”, and hearings in which one side is represented and the other is not place the judge in the difficult position of assisting one party without appearing to favour them.[1] The second is efficiency: the National Audit Office found that unrepresented cases cost HMCTS more, and the Ministry of Justice’s own statistics continue to track duration by representation.[13][4] The third is safety: until 2022 a person accused of abuse could cross-examine the person they were accused of abusing, a practice ended by the Domestic Abuse Act 2021.[16]

The responses have been procedural rather than a restoration of legal aid. They include the Bench Book guidance, participation directions under Part 3A, the qualified legal representative scheme, court-prepared bundles in exceptional cases, plain-language forms and leaflets such as CB1 and CB7, and the encouragement of mediation, which remains within legal aid on a means-tested basis.[1][15][9][10][14] A continuing debate concerns paid McKenzie Friends, who are unregulated; the 2010 Guidance permits payment for reasonable assistance, but the court retains control over whether a particular person may assist and rights of audience remain exceptional.[7]

See also

References

  1. Equal Treatment Bench Book, Chapter 1: Litigants in person and lay representatives. Judicial College, Courts and Tribunals Judiciary. July 2024 edition, updated February 2026. Accessed 5 September 2026.
  2. Represent yourself in court. GOV.UK. updated 16 January 2025. Accessed 5 September 2026.
  3. Family Procedure Rules 2010, Part 1: Overriding objective. Ministry of Justice. Accessed 5 September 2026.
  4. Family Court Statistics Quarterly, January to March 2026. Ministry of Justice. 25 June 2026. Accessed 5 September 2026.
  5. Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1: Civil legal services. legislation.gov.uk. Accessed 5 September 2026.
  6. Legal aid: domestic abuse or violence. GOV.UK. Accessed 5 September 2026.
  7. Practice Guidance: McKenzie Friends (Civil and Family Courts). Master of the Rolls and President of the Family Division. 12 July 2010. Accessed 5 September 2026.
  8. Litigants in Person (Costs and Expenses) Act 1975. legislation.gov.uk. Accessed 5 September 2026.
  9. Practice Direction 27A: Family Proceedings: Court Bundles. Ministry of Justice. In force 2 March 2026. Accessed 5 September 2026.
  10. Guide for separated parents: children and the family courts (CB7). HM Courts and Tribunals Service. updated 9 October 2024. Accessed 5 September 2026.
  11. Civil Procedure Rules, Part 46: Costs: special cases (rule 46.5, litigants in person). Ministry of Justice. Accessed 5 September 2026.
  12. Legal Services Act 2007, Schedule 3: Exempt persons. legislation.gov.uk. Accessed 5 September 2026.
  13. Implementing reforms to civil legal aid. National Audit Office. 20 November 2014. Accessed 5 September 2026.
  14. Legal aid: what you can get legal aid for. GOV.UK. Accessed 5 September 2026.
  15. Family Procedure Rules 2010, Part 3A: Vulnerable persons: participation in proceedings and giving evidence. Ministry of Justice. Accessed 5 September 2026.
  16. Matrimonial and Family Proceedings Act 1984, section 31R: Prohibition of cross-examination in person: victims of offences. legislation.gov.uk. Inserted by the Domestic Abuse Act 2021, s.65; in force 21 July 2022. Accessed 5 September 2026.
  17. Get help paying court and tribunal fees. GOV.UK. updated 2 September 2026. Accessed 5 September 2026.
  18. Preparing court bundles for family proceedings: guide for litigants in person. Office of the President of the Family Division. 2 March 2026. Accessed 5 September 2026.
  19. Litigants in person: guidelines for lawyers. Law Society, Bar Council and CILEx. 4 June 2015. Accessed 5 September 2026.
  20. Representing yourself in family court. Advicenow (registered charity 1143589). updated April 2026. Accessed 5 September 2026.
  21. Representing yourself in the family court: what to expect. McKenzie Friend Services (Family Legal Ltd). last checked 6 August 2026. Accessed 5 September 2026.
  22. Equal Treatment Bench Book. Courts and Tribunals Judiciary. Accessed 5 September 2026.
  23. Support Through Court. Support Through Court (registered charity 1090781). Accessed 5 September 2026.
  24. Advocate: free legal help from barristers. Advocate (registered charity 1057620). Accessed 5 September 2026.
  25. Family. Citizens Advice. Accessed 5 September 2026.
  26. Law Centres Network. Law Centres Network (registered charity 1088588). Accessed 5 September 2026.
  27. Going to the family court. Advicenow. Accessed 5 September 2026.
  28. Making an application: children and the family courts (CB1). HM Courts and Tribunals Service. updated 7 August 2024. Accessed 5 September 2026.
  29. Legal aid: financial eligibility. GOV.UK. Accessed 5 September 2026.
  30. Legal aid means test: the current limits. Legal Aid 60 (Family Legal Ltd). Figures in force from 6 April 2026, sourced to Legal Aid Agency keycard 62. Accessed 5 September 2026.
  31. Family legal aid in England and Wales. Legal Aid 60 (Family Legal Ltd). Accessed 5 September 2026.

This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.