A short hearing and a failure to agree

Learning from the experiences of Litigants in Person and the difficulties they have navigating the legal system, in personal and emotive circumstances, is vital to supporting future Litigants in Person, particularly in light of reduced legal aid funding.

Fairness in court for a Litigant in Person

There’s an application for an injunction against P’s wife ordering her to move out of his house in two weeks’ time.  This is because P would like to move back home (he’s currently in residential care) but she is alleged to have abused him.  

Eight Litigants in Person

My sense, for this family, was that they had not had the opportunity to have a conversation with one another about their various grievances – and they seemed to have an appetite to do so, or at least to air them and have them heard. The court setting is not able to facilitate this in the way they might have needed emotionally, yet I thought DJ McIlwaine offered a textbook illustration of how to, sensitively yet determinedly, conduct a hearing with LIPs – quite a feat with so many LIPs to boot! 

Navigating a family feud on P’s death-bed

By Celia Kitzinger, 9th November 2021 She’s in her eighties, with significant cognitive decline,  and delirium secondary to numerous infections and “in all likelihood in the last weeks of her life,” said the judge.  She lacks capacity to make her own decisions about who she has contact with. One of her daughters, Ann[1], and Ann’s daughter (P’sContinue reading “Navigating a family feud on P’s death-bed”

Best interests decisions when P’s views and wishes cannot be determined

The issue at this hearing was (still) whether NW should remain in Dover House, which is what the CCG (who fund her care) argued, supported by the local authority, or whether she should return home, which is what her mother wants.  

A Litigant in Person returns to the virtual court – Navigating Approaches to Care when Family and Local Authority Disagree – Part 2, One Week On

“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”