One judiciary, but many pathways to justice

An update on the difficult challenge of finding the right balance between enabling participation by a litigant in person and stepping into the arena.  The answer may differ between Tribunals and according to the requirements of the legislation that has to be applied in the particular case.

The tribunal should be expert and accessible, take account of the Practice Direction regarding vulnerable witnesses and a variety of factors including the complexity of the issues, whether the litigant is represented (and how well), any apparent obstacles such as disability or language difficulties and the resources of the parties which may skew the ‘playing field’.