No special treatment for litigants in person

The Supreme Court has given judgment in Barton v Wright Hassall[1], rejecting the claimant’s appeal, a litigant in person, that his service of a claim form on a solicitor by email be considered good service.

The general position in civil proceedings is that for service to be effective, documents must be served by post, fax or personally on another other party unless some other method is expressly agreed.

In this case, the claimant served the claim form and supporting documents on the defendant’s solicitors by email on the last day for service. The defendant stated that service by email was not good service and in response the claimant sought an order that the service be deemed good service.

By a majority, the court rejected the claimant’s appeal making it clear it is reasonable to expect a litigant in person to familiarise himself with the rules which apply to any step he is about to take. The Court recognised that sometimes a lack of representation will justify making allowances but not in respect of rules or orders of the court.

The decision is a significant step in clarifying just how far the courts are prepared to go with leniency for litigants in person and is welcome clarity.

For more information or guidance please contact:

Ian Craig
Solicitor
T. 0113 341 1856
E. ian.craig@rlb-law.com

Michaela Nicholas
Partner
T.
020 7227 6715
E. michaela.nicholas@rlb-law.com

Footnote
[1] Barton v Wright Hassall [2018] UKSC 12


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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