 |  |
|
 |
 |
 |
 |
|  | |  | |
Throughout the discussion of the reforms being considered in this Final Report, it is
recognized that a case having one or more unrepresented litigants as parties will have
special case management needs calling for sensitivity by the court. The Working
Party has sought to reflect this in its recommendations where appropriate. For
example, it has recommended that :-
(a)
unrepresented litigants be given latitude in relation to compliance with any
applicable pre-action protocols;
(b)
a plaintiff should serve his statement of claim (whether or not endorsed on the
writ) accompanied by a form explaining the payment options for a defendant
who has no defence but may wish to propose payment by instalments;
(c)
a court should be able to seek clarification of inadequate pleadings of its own
motion and should do so where an unrepresented litigant is ill-equipped to seek
clarification of the other side's pleadings on his own;
(d)
unrepresented litigants should be given latitude in responding to the timetabling
questionnaire;
(e)
a case management conference should be ordered where this might help in the
case management of an action involving an unrepresented litigant;
(f)
suitable measures be introduced to deal with vexatious litigation by
unrepresented litigants;
(g)
the discretion to deal with matters on the papers and without a hearing may be
declined if one of the parties is an unrepresented litigant who may be ill-
equipped to make the appropriate written submissions;
Notes
Section 5.4.
Section 8.2.
Section 9.4.
Section 13.5.
Section 13.5.
Section 14.3.
Section 17.4.
|
 |
|