Litigant in Person

[warne]

Forced to act in person, in a complex case, how do I prepare for such things?

Do I need access to all the papers, including letters to and forth from solicitors.

How do I apply to vary courts orders?

How does one appeal any decisions? Where can i check the grounds needed for appeal?

Do you have to pay for any application forms, if that is what you use, and where do you get them?

On preparation of bundle, by myself, can I take it to get checked anywhere?

Where can I get guidance on cross examining expert witness and the ex (DV is an issue in this case)

Can I claim any costs agains the ex or his legal aid certificate?

I presume that you were previously represented but have had to stop as you couldn't continue to pay? If so, you are entitled to your file from your previous solicitors as long as you've paid up to date. Your file will include all court documents ie orders, directions and pleadings (statements etc).

The applicatiion forms are all available free from the court service website.

Whether you can appeal a decision depends on timing. There is a short window of time to appeal and if you've missed it, you have to apply to appeal out of time.

Re. the bundle, you may not have to do it yourself; usually judges would rather the side with a solicitor does it even though strictly it may not be their responsibility, as they have experience in getting it right. They have to send an index of the docs they believe should be in the bundle for you to approve or add to as necessary.

Re. guidance on cross examination, I'm not sure; the main things to remember are to ask questions, not make statements, never ask a question you don't know the answer to, make sure that you keep an eye on the judge's pen taking notes and give them time. Also stick to facts, otherwise you'll all be there all week.

Re. costs, almost certainly not. The court will only award costs if the other side have been grossly out of order. This happens v v rarely.

Ok, thanks very much for the advice.

Going through the court bundle last night, I have discovered several startling facts and a pattern which I know the judge will go mental at, how can I request a psychological review of the parents? I believe in my heart of heart that it is crucial to the final decision, and will stop the ex going back to court again and again. It needs to be highlighted now. Presumably the ex will keep on getting legal aid, until infinity for the 'duration' of the case. I believe a psychiatric report in necessary, how on earth do I convince the judge, other than offering myself up as well? Can I do that?

Forced to act in person, in a complex case, how do I prepare for such things?
If the other party has a solicitor it will be their job to assist you and to do things like prepare bundles for hearings as appropriate. Although my personal experience is `Don't rely on this'. I would suggest you contact a McKenzie Friend (a lay advocate who can guide you through this though some charge). I help people out dealing with this sort of thing.

Do I need access to all the papers, including letters to and forth from solicitors.
Which papers? You should have copies of all orders, reports, etc. as ordered by the courts. The other party is not obliged to provide you with copies of their emails, letters, etc. although you'll see what they're relying on in a bundle.

How do I apply to vary courts orders?
If you have an open case you can do so at the hearing (or if it's up to a year after the final hearing...but make sure you have good reason!)

How does one appeal any decisions? Where can i check the grounds needed for appeal?
You can only do this if you believe the judge has made an error in law - not just because you don't like the decision he/she made. As for checking...that's down to you to see what you think your chances are!

Do you have to pay for any application forms, if that is what you use, and where do you get them?
You can get forms at court or online. Most Section 8 applications cost £200. Take cash for preference when you submit it to the court.

On preparation of bundle, by myself, can I take it to get checked anywhere?
Not that I know - McKenzie Friends (as above) are the best value option if you get a good one. As i say though - if the other party has a solicitor it is there job to prepare it (with your submissions included).

Where can I get guidance on cross examining expert witness and the ex (DV is an issue in this case)
Hard to answer - it's part art, part science! Once again...a McKenze Friend.

Can I claim any costs agains the ex or his legal aid certificate?
If you're LIP it's unlikely. There are limits to what you can even claim (it's very small) and costs orders in Family Proceedings are very rare.