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Possible initiatives to ameliorate the position in relation to unrepresented litigants
were listed as follows :-
(a)
Getting them representation.
(b)
If not full representation for all aspects of the proceedings, getting them
professional legal advice or assistance at key points of the litigation referred to
as "unbundled legal assistance".
(c)
Streaming disputes involving unrepresented litigants to small claims courts or to
special court lists.
(d)
Encouraging third parties to provide unrepresented litigants with free legal
advice or assistance.
(e)
Getting the court to provide information about court procedures.
(f)
Enhancing all systems for delivering information and assistance by use of
audio-visual and information technology.
(g)
Simplifying the rules, procedures and court forms to give litigants a better
chance of being able to conduct cases for themselves.
(h)
Diverting unrepresented litigants away from the civil justice
system by
encouraging or requiring them to use ADR schemes.
The Judiciary is able to address (and has already started addressing) some of these
possible initiatives both within and outside the context of the reforms being discussed
in this Final Report. However, the role of the Judiciary is necessarily limited by the
essential requirement that judges must be and be seen to be impartial in the litigation.
They cannot become advisers to one side or the other. It follows that various of the
abovementioned items need to be addressed by bodies able to extend advice to
unrepresented litigants, such as the Legal Aid Department and various organizations
offering pro bono legal advice and representation, rather than the Judiciary.
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